Carpenter v. Bankers Health & Life Insurance

1. The rule stated by this’court in Woodruff Machinery Mfg. Co. v. Griffin, 17 Ga. App. 529 (2) (87 S. E. 808), and followed in Securities Trust Co. v. Marshall, 30 Ga. App. 379, 382 (9) (118 S. E. 478), that, “conceding that under section 4494 of the Civil Code the proferred amendment setting up a tender, etc., was offered too late to relieve the defendant from the costs of the proceeding and to charge the plaintiff therewith, the defendant was, nevertheless, not precluded from setting up by amendment, after the first term, a tender of the property to the plaintiff, a tender of the…