Jolly v. Jones

Jenkins, Presiding Justice.

1. In order to support a suit by a purchaser for specific performance of a contract for the purchase and sale of land, it must be made to appear that before the institution of the action the purchaser had paid the purchase-money in accordance with' the terms of the contract, or else had made an actual unconditional tender thereof, or that such a tender had been waived. Terry v. Keim, 122 Ga. 43 (49 S. E. 736); Roberts v. Mayer, 191 Ga. 588 (1) (13 S. E. 2d, 382).

2. While under the provisions of the Code, § 20-1105, the rule of the commón law that an actual…