White v. Dalton

The plaintiff in a trover case (where the defendant does not at the first term comply with the provisions of the Code, § 107-104, by tendering the property to the plaintiff, etc.), has, at his option, the right to demand a verdict for the property alone, and its hire if any, or for damages alone. “Having a right to elect between a verdict for damages and a verdict for the property, he thus has a further right to elect in what way his damages shall be made up.” O’Neill Mfg. Co. v. Woodley, 118 Ga. 114, 116 (44 S. E. 980). That is, these damages may, at his option, consist of the highest proved…