Official Code of Georgia Annotated

Title 23. EQUITY · Chapter 2. GROUNDS FOR EQUITABLE RELIEF · Article 7. NONPERFORMANCE OF CONTRACT

23-2-134. Vendor’s ability to comply.

Active

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

The vendor seeking specific performance shall show an ability to comply substantially with his contract in every part and as to all the property. However, a vendor’s want of title or other inability as to part of the property shall not be a good answer to the vendee seeking performance who is willing to accept title to part of the property, receiving compensation for the other part. If the defects in the vendor’s title are trifling or comparatively small, equity shall decree at his instance, granting compensation for such defects.

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.

History

Orig. Code 1863, § 3123; Code 1868, § 3135; Code 1873, § 3191; Code 1882, § 3191; Civil Code 1895, § 4041; Civil Code 1910, § 4638; Code 1933, § 37-806.

Law reviews

For article discussing the historical background of the doctrine of tender and the application in Georgia of tender requirements, and proposing reforms, see 21 Mercer L. Rev. 413 (1969).

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

Text read from t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, page 458; merge action: carried; file SHA-256 b3cf4ff62f2f.