Page:Black's Law Dictionary (Second Edition).djvu/249

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CONDITION

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 conditon 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. ??Hurgins?? v. Daley Fed 609. 4.0 C. C. A. 12, 48 L. R. A. 320.

Ihe following van es may also be noted: A condition collateral is one requiring the periinuuncc of a collateral act having: no necessary rchlion to the main snhjcct of the agreement. A mnpulaary condition is one which expressly l'-~]lli'eS a thing to be done, as, that a lessee iim.l pay a specified sum of money on a certain in or his lease shall be void. Shep. Touch. lifl (‘ancurrent conditions are those which are urnnlly dependent and are to be performed Al the same time. Civ. Code Cal. § 1437. A condition inherent is one annexed to the rent rmvned out of the land “hereof 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 iatter may be to or for the benefit of a stranger, who may then take advantage of its determination, while only the grnntor, or those who stand in his place, can take advantage of a condition. (Hoseiton v. Flusel- tnn, 166 lilo. 182. 65 S. W. 1005; Stcarns v. Gofrey, 16 l\ie. 158 ;) and in that a limita- Imn ends the estate without entry or claim, which is not true of a condition. It also differs from a conditional limmztion; for in the iatter 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 devlsees, (Church v. Grant, 3 Gray [Mass] 147. 63 Am. Dec. 725.) It differs also from n cow-mint, which can he made by either in-sntnr or grantee, while onlv the grantor um make a condition, (Co. Litt. 70.) A riaarpc is a devise of land with a bequest nm of the subject-matter, and a charge upon the deusee personally. in respect of the l‘5l'ite dexised. Elves him an estate on candiilnn A condition also differs from a remniutier: for, while the t'ormer may opernte to defeat the estate before its natural termination, the latter cannot take effect untii the completion of the preceding estate.

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CONDITIONAL. That which is dependent upon or granted suhject to a condition. —C4u-lrlitional creditor. In the civil law. A ri-uliinr h.'n‘ing a future right of action, or having a rmht of action in cxpectancy. Dig. 50. ii‘. 5-} —Con1litional stipulation. In the rinl law. A stipulation to do a thing upon con- -illon, as the happening of any event.

As to conditional “Accept,snce," "Appear- Bii!‘(-'." “Beguest," "Contract." “Delivery," “Dav'lse." "Fee." "Guaranty," ".'iud:;nient," "lair “Llmitation," “Obligation." "Par- uluu.‘ “Privilege." and “Sale," see those titil

Conditions: qunelzlbet odiosse; maxime nutem contra mats-imonium et commer- cinm. Any conditions are odious, but es-

Bl.Law Dict.(2d Ed.)-16

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CONDUCTOR OPERARUM

peciziily those which are against [in restraint ofl marriage and commerce. Lottt, Appendix, 644.

CONDITIONS 0!‘ 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- owneiships or limited ownerships. such as empliyieusis, eupcrfir-ics, pignus, hypotheca. ususfmotus, usus, and habitntio These were more than mere inns in re aliend, being portion of the riominium itself, although they are commonly distinguished from the daminium strictly so called. Brown.

CONDONACION. In Spanish law. The remission of a debt, either expressiy or tacit- Iy.

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 lilo. App. 115; Betz v. Bets, 25 N. Y. Super. Ct. 696: Thomson v. Thomson, 121 Cal. 11. 63 Pac. 403: Harnett v. Hamett. 55 Iowa, 45, 7 N. W. 394; Eggerth v. Eggerth, 15 Or. 626, 16 Pac. 650; Turnbnll v. Turnbuil. 28 Ark. 615; Odom v. Odom, 38 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 condonntion of.

CONDUCT MONEY. In English practice. Money paid to a witness who has been subpoenaed on a trial, sutiicient to defray the reasonable expenses of going to. staying at. and returning from the place of trial. Lush. Pr. -160; Archb. New Pr. 639.

CONDUCT! AGTIO.}} In the civil law. An action which the hirer (conductor) of a thing might have against the ietter, (locaton) Inst. 3, 25, pr. 2.

CONDUCTIO.}} In the civil law. A hiring. Used generally in connection with the term locutio, a letting. Locatio rt conduct-io. (sometimes united as a compound word, “lo-- catio-oonductio.") a letting and hiring. Inst. 3. 25: Bract. fol. 62, c. 28; Story, Bailm. §§ S, 388

CONDUCTOR.

CONDUCTOR OPERARUM. In the civil law. A person who engages to perform a piece of worl: for another, at a stated price.

In the civil law. A hirer.

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