Page:United States Statutes at Large Volume 47 Part 1.djvu/1207

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72d CONGRESS . SESS. II . CH. 128 . FEBR UARY 27, 1933 . chapter on the interpretation of contracts . This presumption, in the case of a right, can be overcome only by express words to the contrary . CROSS REFERENCES Promise joined in by several, all of whom receive some benefit, is presumed to Post, p .120 0. be joint and sever al, see s ection 56 9 . Promise in the singular, but executed by several, is presumed to be joint and Poet, p . 1200. several, see secti on 570 . SEC. 429 . Con•TRm rTtox BETWEEN JOINT PARTIES .-A party to a joint, tweenntri joint parties . be or joint and several obligation, who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him . CROSS RE FxxIccs Surety acquires rights of creditors, see section 1296.

Post, p .1295. CONDITIONAL OBLIGATIONS

Conditional obliga- tions . SEC. 430 . OBLIGATION, WHEN CONDITIONAL .-An obligation is con- When c onditi onal . ditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event . SEC. 431 . CONDITIONS, KINDS oF .-Conditions may be precedent, Kinas of S concurrent, or subsequent. CROSS RnrEaExcss Conditional legacies, see sections 376 and 377 .

Ante, p.1175. Conditions concurrent, see section 433 . Conditions of ownership, see sections 217 et seq .

Ante, p 1155 . Conditions precedent, see section 432 . Condition subsequent, see section 434 . SEC. 432. CON DIT ION PRECEDENT .-A condition precedent is one Condition precedent whic h is to be perf orme d bef ore s ome right depe nden t the reon accru es, or some act dependent thereon is performed . CROSS REFERENCE Conditions precedent, see sections 217 to 219, 377 and 466 .

Ante, pp . 1155,1175 ; P0et, p. 1187 . SEC . 433 . CONDITIONS CONCURRENT .-Conditions concurrent are Conditions concur- those which are mutually dependent, and are to be performed at the rent . same time . CROSS REFE RENCE Concurrent conditions, performance of, see section 466 .

Post, p. 1187- SEC . 434 . CONDITION SUBSEQUENT .-A condition subsequent is one Condition snbse- referring to a future event, upon the happening of which the obliga- tion becomes no longer binding upon the other party, if he chooses to avail himself of the condition . CROSS REFERENCE Conditions subsequent, see sections 218 and 380 . 1183 Ante, pp. 1155, 1175 . SEC. 435. PER FOR MAN CE, ETC., OF CO NDI TIO NS, WH EN ESSENTIAL .- Performance, cc ., of conditions . Before any party to an obligation can require another party to per- form any act under it, he must fulfill all conditions precedent thereto imposed upon himself and mu st be able and offer to fulfill all condi- tions concurrent so imposed upon him on the like fulfillment by the other party, except as provided by section 436 .