the second class when the performance of one condition is not obligatory until the actual performance of the other; and to the third class when neither party need perform his condition unless the other is ready and willing to perform his, or, in other words, when the mutual covenants go to the whole consideration on both sides and each is precedent to the other. Huggins v. Daley Fed 609. 4.0 C. C. A. 12, 48 L. R. A. 320.
The following van es may also be noted: A condition collateral is one requiring the performance of a collateral act having: no necessary relation to the main subject of the agreement. A compulsory condition is one which expressly requires a thing to be done, as, that a lessee shall pay a specified sum of money on a certain in or his lease shall be void. Shep. Touch. 118. Concurrent conditions are those which are mutually dependent and are to be performed at the same time. Civ. Code Cal. § 1437. A condition inherent is one annexed to the rent reserved out of the land whereof the estate is nude, or rather, to the estate in the land. in nupect of rent Shep. Touch. 118.
Synonyms distinguished. A "condition" is to be distinguished from a limitation, in that the latter may be to or for the benefit of a stranger, who may then take advantage of its determination, while only the grantor, or those who stand in his place, can take advantage of a condition. (Hoseiton v. Hoselton, 166 Mo. 182. 65 S. W. 1005; Stearns v. Gofrey, 16 Me. 158;) and in that a limitation ends the estate without entry or claim, which is not true of a condition. It also differs from a conditional limitation; for in the latter the estate is limited over to a third person, while in case of a simple condition it reverts to the grantor, or his heirs or devisees, (Church v. Grant, 3 Gray [Mass] 147. 63 Am. Dec. 725.) It differs also from a covenant, which can he made by either grantor or grantee, while only the grantor um make a condition, (Co. Litt. 70.) A charge is a devise of land with a bequest out of the subject-matter, and a charge upon the devisee personally, in respect of the estate devised. gives him an estate on condition A condition also differs from a remainder; for, while the former may operate to defeat the estate before its natural termination, the latter cannot take effect until the completion of the preceding estate.
CONDITIONAL. That which is dependent upon or granted subject to a condition.
—Conditional creditor. In the civil law. A creditor having a future right of action, or having a right of action in expectancy. Dig. 50, 16. 54.—Conditional stipulation. In the civil law. A stipulation to do a thing upon condition, as the happening of any event.
As to conditional "Acceptance," "Appearance," "Beguest," "Contract," "Delivery," "Devise," "Fee," "Guaranty," "Judgment," "Legacy," "Limitation," "Obligation." "Pardon." "Privilege." and "Sale," see those titles.
Conditions: quælibet odiosæ; maxime antem contra matrimonium et commercium. Any conditions are odious, but especially those which are against [in restraint ofl marriage and commerce. Lofft, Appendix, 644.
CONDITIONS OF SALE. The terms upon which sales are made at auction: usually written or printed and exposed in the suction room at the time of sale.
CONDOMINIA. In the civil law. Co- ownerships or limited ownerships. such as emphyteusis, superficies, pignus, hypotheca. ususfructus, usus, and habitatio. These were more than mere jura in re alienâ, being portion of the dominium itself, although they are commonly distinguished from the dominium strictly so called. Brown.
CONDONACION. In Spanish law. The remission of a debt, either expressly or tacitly.
CONDONATION. The conditional remission or forgiveness, by one of the married parties, of a matrimonial offense committed by the other, and which would constitute a cause of divorce; the condition being that the offense shall not be repeated See Pain v. Pain. 37 Mo. App. 115; Betz v. Betz, 25 N. Y. Super. Ct. 696: Thomson v. Thomson, 121 Cal. 11. 53 Pac. 403: Harnett v. Harnett. 55 Iowa, 45, 7 N. W. 394; Eggerth v. Eggerth, 15 Or. 626, 16 Pac. 650; Turnbnll v. Turnbull. 23 Ark. 615; Odom v. Odom, 36 Ga. 318: Poison v. Poison. 140 Ind. 310. 39 N. E. 498.
The term is also sometimes applied to forgiveness of a past wrong. fault, injury. or breach of duty in other relations, as, for example, in that of master and servant. Leatherberry v. Odell (C. C.) 7 Fed. 648.
CONDONE. To make condonation of.
CONDUCT MONEY. In English practice. Money paid to a witness who has been subpoenaed on a trial, sutfficient to defray the reasonable expenses of going to. staying at. and returning from the place of trial. Lush. Pr. 160; Archb. New Pr. 639.
CONDUCTI ACTIO. In the civil law. An action which the hirer (conductor) of a thing might have against the letter, (locator.) Inst. 3, 25, pr. 2.
CONDUCTIO. In the civil law. A hiring. Used generally in connection with the term locatio, a letting. Locatio et conductio, (sometimes united as a compound word, "locatio-conductio.") a letting and hiring. Inst. 3, 25; Bract. fol. 62, c. 28; Story, Bailm. §§ S, 388
CONDUCTOR. In the civil law. A hirer.
CONDUCTOR OPERARUM. In the civil law. A person who engages to perform a piece of work for another, at a stated price.
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