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. (Civil Code 1895, § 3708; Civil Code 1910, § 4302; Code 1933, § 20-903.)
O.C.G.A. § 13-4-22
Effect of refusal of party to perform concurrent condition upon offer of performance by other party
of Code section. — This Code section is derived from the decision in Ensign v
Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.