Condition
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
contracts, is a clause in an agreement, the validity of which depends upon a future or uncertain event. Dict. de Jurisp. Condition; Poth. Obl. p.
2, c.. 3, art. 1,§1. See 1 Bac. Abr. 629.
By the word condition is also understood some quality annexed to a real an uncertain event.
Jb. Co. Litt. 201 a.
See Estates upon Condition. A condition may be created by inserting the very word condttton, or on condition, in the deed or agreement; there are, however, other words that will do so as effectually, as the word proviso, but then it must not depend upon another sentence. The words must be those of grantor, and compulsory to enforce - the grantee to do some act. Co. Litt. 203; Bac. Abr. Conditions, A, H. Conditions must be lawful; those against law are void. Where the condition is entire and the whole is against Jaw, it is void; but where the condition consists of several different parts, and some of them are lawful and others not, it is good fog so much as is lawful, and void for the rest.
2 Bro. P. C. 381; 5 Vin. Abr. 99, pl. 9; 2 Ld. Raym. 1459; Hob. 14; Mo. 856, 857, pl. 1175; 3 Rep. 83,a; 1 Vent. 237.
But if a bond be given with condition to do a thing against an act of the legislature, and also to pay a just debt, the whole bond is void, because the letter of the act makes it void, and is a strict law.
Hob. 14. See, in general, Bac. Abr. Conditions, Obligations, F; Com. Dig. Condition; Vin. Abr. Condition; Poth. Obl. Pt. 2, c. 3, art. 1, 2, and 3.