Washington Manufacturing Co. v. Wickersham

Atkinson, Justice.

(After stating the foregoing facts.) In a suit by a 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 tender had been waived by the defendant. Robert v. Mayer, 191 Ga. 588 (1) (13 S. E. 2d, 382).

“He who would have equity must do equity, and give effect to ¿11 equitable rights of the other party respecting the subject-matter of the suit.” Code, § 37-104. “One seeking relief from excessive tax levies,…