California Codes, Civil Code - CIV, Division 3 — Obligations, Part 1 — Obligations in General, Title 2 — Interpretation of Obligations, Chapter 3 — Conditional Obligations, Section 1439

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.

Notes

Requires a party seeking another party’s performance to first satisfy all conditions precedent imposed on the requesting party and to be able and offer to satisfy all concurrent conditions when the other party likewise performs. The rule is subject to the exception provided in the following statutory section.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1439 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-1/title-2/chapter-3/section-1439

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