Addison On Contracts : Being a Treatise On the Law of Contracts

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15; Eamsey i-. Edgefield, &c.
R. R. Co., 3 Tenn. Ch. 170; Stockton Savings, &c. Soc. v. Hildreth, 53 Cal. 721 Waldron v. Brazil, &c. Coal Co., 7 111. App. 542; Sennett f . Shehan, 37 Minn 328; Front Street, &c. R. R. Co. v. Butler, 50 Cal. 574.
"Provided that" and "provided also" do not always constitute a condition.
Whether there is a condition, and whether one is precedent or subsequent, is to be determined from the intent of the parties as indicated fi'om the whole language used, and from th
...e nature of the act required. Schwoerer v. Boylston Market Assoc, 99 Mass. 285.
Courts are disinclineil to construe the stipulations in a contract to do certain things within a given time in consideration of the payment of money by the other party, as conditions precedent, unless compelled to do so by the express language of the contract. Front Street, &c. R. R. Co. v. Butler, 50 Cal. 574; Hollis V. Chapman, 36 Tex. 1.
Where the contract is an entirety, and there are in it no means of apportion- (»i) Kingston v.


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