Chesapeake Bay Distributing Co. v. Buck Distributing Co.

BELL, Judge.

The sole issue on appeal is whether statements made by counsel for appellant to counsel for appellee constituted a pre-tender rejection of appellee’s offer to pay a judgment so as to render actual production of the amount an unnecessary formality.

Chesapeake Bay Distributing Company (appellant) was awarded a judgment against Buck Distributing Company (appellee) in the amount of $71,496.50 on June 14, 1982. On July 13, 1982, counsel for Buck telephoned counsel for Chesapeake and expressed his client’s “readiness, willingness and ability to pay” the amount owed. Counsel for Buck…