Dunn v. Ligon

1. In an instrument in which the promisor agrees to pay to the promisee, at a certain time, a certain sum of money in specific articles, and at a certain fixed rate, the debtor has the option to pay in money or in the specific articles, at the stipulated price. 3 R. C. L. 890, § 77, note 8; Sims v. Cox, 40 Ga. 76 (2 Am. R. 560); Dooley v. Wilbanks, 25 Ga. App. 34 (102 S. E. 365); note to Roberts v. Beatty, 21 Am. D. 422.(a) The rule above stated is not in conflict with the provisions of the Civil Code (1910), §§ 4270, 4271, relating to contracts payable in specifics.

2. Applying the principle…