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

 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.