Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself; and must be able and offer to fulfill all conditions concurrent so imposed upon him on the like fulfillment by the other party, except as provided by the next section.
Cal. Civ. Code § 1439
Conditional Obligations
Applied in 38 court decisions — leading case Lifton v. Harshman (1947)
Most recently applied in 229 Cal. Rptr. 3d 54 - Douglass v. Serenivision, Inc. (February 2018)
Enacted 1872.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.