Condition precedent
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 83 U.S. 203 - Davis v. Gray · 1872Most cited · 501 citing opinions
a condition precedent, where no title has vested and none is to vest until the condition is performed. In the former case equity can give no relief. The failure to perform is an inevitable bar. No right can ever vest.
How the Supreme Court has restated “Condition precedent”
Each Supreme Court definition of “Condition precedent,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “Condition precedent”
Court decisions citing the 5 opinions that defined “Condition precedent” — 892 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 5 definitions, chronological · 1859–1912
- ORIGINAL
When the agreements go to the whole of the consideration on both sides, the promises are dependent, and one of them is a condition precedent to the other. ... If money is to be paid on a day certain, in consideration of a thing to be performed at an earlier day, the performance of that thing is a condition precedent to the payment.
The written protest, signed by the party, with the definite grounds of objection, were conditions precedent to the right to sue, and if omitted, all right of action was gone
to suit
An appeal to the Commissioner of Internal Revenue from an assessment is only a condition precedent to an action for the recovery of taxes paid. It is not a condition precedent to any other action where such action is permissible.
The coming into effect of a contract may be made to depend upon the happening or performance of a condition.