Roberts v. Mayer

1. In a suit by the purchaser for specific performance of a contract for the sale of land, it should be made to appear that before institution of the action the plaintiff had paid or tendered the purchase-money according to the contract, or that such had been waived by the defendant. Terry v. Keim, 122 Ga. 43 (49 S.E. 736).

2. In the instant case the alleged contract obligated the purchaser to pay the "commission for consummating this sale;" and according to the plaintiff's own version of the contract as shown by the petition and the amendment, this agreement inured to the defendant as a part…