Official Code of Georgia Annotated

Title 13. CONTRACTS · Chapter 4. MODIFICATION, EXTINGUISHMENT, AND RENEWAL · Article 2. PERFORMANCE

13-4-22. Effect of refusal of party to perform concurrent condition upon offer of performance by other party.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Civil Code 1895, § 3708; Civil Code 1910, § 4302; Code 1933, § 20-903.

For note, ‘‘Contingency Financing Clauses in Real Estate Sales Contracts in Georgia,’’ see 8 Ga. L. Rev. 186 (1973).

History of Code section.: This Code section is derived from the decision in Ensign v. Sharp, 72 Ga. 708 (1884).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t13-(v11)-2010-pdf.pdf, Volume V11, 2010 edition, pages 242 to 243; merge action: annotated; file SHA-256 18573afb153d.