Pleading conditions precedent vs. subsequent
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 224 U.S. 346 - Title Guaranty Surety Company v. William Francis Nichols · 1912Most cited · 44 citing opinions
Where, therefore, an action is upon a contract subject to a condition precedent, the performance of that condition must be averred and proved; but if the contract sued upon is subject to a condition subsequent, there is no occasion for any averment in respect to the condition. It is a matter of defense, which must come from the other side.