Ross v. Harding

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• defining “condition precedent” as “a fact which must exist or occur before a duty of immediate performance of a promise could arise”
• conditions prece dent include facts and events which must exist or occur before there is a breach of contractual duty
• \breach by a 8 No. 73427-0-1/9 plaintiff of a material condition precedent relieves a defendant of liability under a contract\
• Whether a provision in a contract is a condition, the nonfulfillment of which excuses performance, depends upon the intent of the parties, to be ascertained from a fair and reasonable construction of the language used in the light of all the surrounding circumstances.
• “‘Conditions precedent’ are those facts and events, occurring subsequently to the making of a valid contract, that must exist or occur before there is a right to immediate performance, before there is a breach of contract duty, before the usual judicial remedies are available.”
• “It would be difficult to choose words to more precisely express an intention to create a condition precedent than those used in the contract here to be construed. ‘It is specifically understood and agreed that this offer is made subject to the written consent * * * ’ ”

Source: CourtListener parenthetical corpus (CC0).