O.C.G.A. § 51-11-21 (2019)
Tender of damages in tort action; effect of continuing tender
A person committing a tort may, before or after an action is brought, tender to the person injured such an amount of damages as in his judgment will cover the injury; and, if the same shall be rejected, he may deposit the amount in the office of the clerk of the superior court of the county of his residence as a continuing tender; and, if the jury trying the cause shall give no more damages than the amount tendered, the plaintiff shall recover no costs accruing subsequently to the time of the tender. (Laws 1767, Cobb’s 1851 Digest, p. 562; Code 1863, § 2988; Code 1868, § 3001; Code 1873, § 3056; Code 1882, § 3056; Civil Code 1895, § 3896; Civil Code 1910, § 4493; Code 1933, § 105-1903.)
Annotations
JUDICIAL DECISIONS Purpose. - The privilege of tendering given by this section is not granted as a resource to shun or stop interest but to avoid cost. Western & A.R.R. v. Young, 81 Ga. 397, 7 S.E. 912, 12 Am. St. R. 320 (1888). Refers to plea of tender. - The right and privilege given to the defendant by the provisions of the section contemplates and has reference to a plea of tender filed in response to the plaintiff ’s suit, and not to a mere oral offer or proposal to settle
the suit by a future delivery of the property involved. Downs Motor Co. v. Colbert, 34 Ga. App. 542, 130 S.E. 592 (1925). Evidence of tender. - That a party furnished money to one’s attorney with which to tender payment is no proof that either one or one’s attorney made the tender as required. Hudson v. Goff, 77 Ga. 281, 3 S.E. 152 (1886). Cited in Georgia R.R. & Banking Co. v. Monroe, 49 Ga. 373 (1873).
RESEARCH REFERENCES ALR. - Right to withdraw tender after money deposited or paid in court to keep tender good, 73 ALR 1281.
CHAPTER 12 DAMAGES Sec.
Article 1 General Provisions Sec.
Types of damages; evidence admissible in actions involving special damages.