1. Where the defendant denies any indebtedness whatsoever to the plaintiff, but in his plea makes a tender of part of the amount sued for, in full satisfaction of the plaintiff’s claim, which tender is full *178and complete and measures up to all the requirements of a tender properly made, the tender is an admission of liability to the plaintiff by the defendant of the amount tendered; and a verdict finding for the defendant generally, and a judgment for the defendant accordingly, are unsupported by the evidence and contrary to law. See 29 R. C. L. 650; 28 Am. & Eng. Ency. Law, 15.
Decided February 10, 1922. Action on contract; from Ben Hill superior court — Judge Gower. February.il, 1921. Eldridge Cutis, for plaintiff. F. M. Powers, for defendant.2. No other error of law appears.
3. The trial judge erred in overruling the plaintiff’s motion for a new trial.
Judgment reversed.
Jenkins, P. J., and Hill, J., concur.