Page:Black's Law Dictionary (Second Edition).djvu/248

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CONDITION 240 CONDITION

the execution of the agreement depend on an event which it is in, the power of the one or the other of the contracting parties to bring about or to hinder. Civ. Code La. art 20%

A resolutory or dissolving condition is that which, when accomplished, operates the revocation of the obligation. niacin: matters in the same state as though the obligation had not existed. It does not suspend the execution of the obligation. It only obliges the creditor to restore what be has received in case the event provided for in the condition takes place. Civ. Code Pa. art. 2015; Moss v. Smoker, 2 La. Ann. 991.

A suspensive condition is that which depends, either on a future rind uncertain event, or on an event which has actually taken place, without its being yet known to the parties. In the former case, the obligation cannot be executed till after the event: in the latter, the obligation h'is its effect from the day on which it was contracted, but it cannot be enforced until the 9Vl’[|i. be known. Civ. Code La. art. 204.): New Orleans v. i"!-ziiiro'.1ii Co.. 171 IT. S. 312. 18 Sup. Ct. 375 43 L. Ed. 178; Moss v. Smoker. 2 La. Ann. 991.

In French law. In French law, the following peculiar distinctions are made: (1) A condition is cusucllc when it depends ona chance or hazard; (2) a condition is notesiative when it depends on the accomplish- ment of something which is in the power of the party to accomplish; (3) a condition is mime when it depends partly on the will of the party and partly on the will of othera: (4) a condition is suspensioc when it is a future and uncertain event, or present but unimonn event. upon which an obligation takes or fails to take effect: (5) a condition is rcsolutoire when it is the event which undoes an obligation which has airezidy had cllfcct as such. Brown.

In common law. The rank. situation, or degree of a particular person in some one of the different orders of society: or his amtus or sitiiiitioii. considered as a juridiciai person, arising from positive law or the institutious of societv. Tliili v. Pohlnian. 76 Iowa. 638. 41 N. W. 335.

A clause in a contract or agreement which has for its object to suspend. rescind, or mo(iii'_v the principal obligation, or, in case of :1 viii]. to suspend. revoke, or modify the devise or bequest. Towie v. Renisen, 70 N. Y. 303.

A modiis or qnniiry annexed by him that hath an estate, or interest or right to the s.-uiie, whereby an estate, etc., may either he defeated. enlarged, or created upon an ucnertain event. On. Lift. 201m.

A qualification or restriction nnnexed to a conveyance of lands. nherehy it is provided thiit in case a ii-irticnlur event does or does not happen, or in ("ISE the grantor or grantee does or oinlts to do a particular act, an estate shall coniiiicnce. be enlarged, or he defeated. Heaston v. Randolph County. 20 Ind. 398: Cooper v. Green. 28 Ark. 5-}: State v. Board of Public Works. 42 Ohio St 615; Seiden v. Priugle. 17 Barb. (N. Y.) 4 .

Classification. The diiferent kinds of conditions known to the common law may he arranged and described as follows:

They are either express or implied, the form- er wlien incorporated in express terms in the deed. contract. lease, or grant; the latter. nben inferred or presumed by law. from the natuia of the transaction or the couiiuct of the partia, to have been tacitly understood betwui them as a part of the agreement. though not expressly mentioned. 2 Criihb. Reni Prop. 1). 792; Bract. fol. 47; Cir. Code IAI. art. 2626} Raley v. Umatllia County. 1:) Or. 172. 13 POI. 890. 3 Am. St. Rep. 1-12. Express and implied conditions are also called by the cider wrilcw. respectively. coiidifiona in deed for in fact. itiii L:iw_French term being conditions on fuiti and coviditiona in law. 00. Litt. 2014.

They are possible or impossible; the former when they admit of performance in the ordinary course of events: the latter when it is contrary to the course of nstiire or hiiiuau limintions that they sliouiil ever be performed.

They are lawful or unlawful; the former when their character is not in violation of any rule. principle, or policy of law: the liiticr when they are such as the law will not allow to be made.

They are consistent or repugnaiit; the form- er \’i7ii|"i’i they ars in harmonv nnd concord with the other parts of the transaction; the latter when they contradict. ennui, or neutralize the main purpose of the contract. Repugnant conditions are also called “insensiiile."

They are aijirmatiize or negative; the former being a condition which co ists in doing a thing; as provided that the iessee sholl no.1 rent. etc , and the latter being, a condition w consists in not doing a thing: as provided at {big lessee shall not alien. etc Shep. Touch.

1

_’l‘hey are precedeni or mbsequent. A condition precedent is one which must happen or be performed before the estate to which it il annexed can vest or be enlarged; or it is one which is to be performed before some right dependent thcreon accrues, or some act dependent thereon is performed. Towie v. R1-msen. 70 . Y. 309: Jones v. U. S.. 96 U. S. 26. 24 It Ed 614: Redmau v. Insurance 00.. 49 Wis. 431. 4 N. ‘i-'. 591: Beaity's Estate v. Western C ieze. 177 Ill. ‘ZQO. 5?. N. E. 432. 42 L. R. A. . 69 Am. St. Rep. 242: Warner 17. Bennett, 31 Conn. 475; Blean v. Messenger. 33 N. J. law. 503. condition subsciinent is one annexed to an estate already vested, by the performance of which such estate is kept and continiicd, and by the foliure or non-performance of which it is defeated: or it is a condiiion referling to a future event. upon the hepp :ing of which the obligation becomes no longer binding‘ upon the other party, if he chooses to avail himself of the condition. Co. Litt. 201: 2 Bl. Comm. 154: Clv. Oode Cal § 1436: Code Ga. § 272.... Goff v. Pensenhafer. 180 Ill. 200. C0 N. E. 110' Iiiorun v. Stewart, 173 Me. 207. 73 S. W. 1" : Hague v. Ahreris. 53 Fed. 58. 3 C. C. A. V : Towie v. Reniseu. 70 N. Y. 301); Chopin v. School 3'5 N. H.

450: Blanchard v. Railroad Co. 31 Iiiich. 49. 1S . Rep. 142: Cooper v. Green. 28 Ark. 54.

Conditions may also be paxitiue (requiring that it specified event shall happen or an act he donei and restrictive or negative, the latter being such as impose an ohligzaiiou not to do a particular thing, as. that a lessee shall not alien or sub—let or commit waste, or the like. Shep. Touch.

They may be single. coymluti/ue, or diaiuno live. Those of the first kinii require the perforinance of one specified thing oniv: tbose of the second kind require the performance at divers acts or things: those of the third kind require the performance of one of severiil things Shep. Touch. 118.

Conditions may also be independent. depend- cm‘, or mutual. They belong to the first class

when each of the two conditions must be norformed without any reference to the other. Le