This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
A covenant is precedent when by the terms of the contract it is to be performed before a covenant is to be performed by the adversary party. A contract to pay a certain amount when a certain tract is sold, makes the sale of such tract a condition precedent to such payment.1 An agreement that a contract should take effect only on approval by the attorney of one of the parties thereto is a condition precedent.2 Under a building contract requiring the contractor to give bond, giving such bond is a condition precedent, and his offer to begin work without giving bond cannot put the adversary party in default.3 Under a contract which provides for issuing a warrant and an assessment attached thereto when a contract for grading a street is completed, completion of such contract is a condition precedent to the issuing of such warrant.4 A covenant to furnish pipe for use in putting in a well is precedent to a covenant to use such pipe in the construction of the well.5
6 New Orleans v. Ry., 171 U. S. 312.
7 Persinger v. Bevill, 31 Fla. 364; 12 So. 366.
8 Gardner v. Walsh, 95 Mich. 505; 55 N. W. 355.
9 Rchields v. Horbaeh, 30 Neb. 536; 46 N. W. 629.
10 Wright v. Wilcox, 52 Minn. 438; 54 N. W. 483.
11 Haggerty v. Land Co., 89 Ala. 428; 7 So. 651.
12 Building contract. Harris's Assignee v. Gardner (Ky.), 68 S. W. 8. Charter of steamer. Goff v. By.. 9 Wash. 386; 37 Pac. 418.