Where the conditions as to performance of a contract are concurrent, if one party offers to perform and the other refuses to perform, the first shall be discharged from the performance of his part of the contract and may maintain an action against the other.
History. Civil Code 1895, § 3708; Civil Code 1910, § 4302; Code 1933, § 20-903.
History of Code section.
This Code section is derived from the decision in Ensign v. Sharp, 72 Ga. 708 (1884).
Law reviews.
For note, “Contingency Financing Clauses in Real Estate Sales Contracts in Georgia,” see 8 Ga. L. Rev. 186 (1973).