condition

Verb: To put in shape, as a horse for a race, a pugilist for a match. Noun: A provision in a contract creating no right or duty of and in itself but merely limiting or modifying rights and duties under the contract. 17 Am J2d Contr § 320; a clause in a contract or agreement which has for its object the suspension, rescission or modification of the principal obligation, or, in case of a will, to suspend, revoke or modify the devise or bequest. Pedro v Poffer, 197 Cal 751, 759, 212 P 926, 42 ALR 1165, 1169. A qualification or restriction an- nexed to a conveyance of lands, whereby it is provided that in case a particular event does or does not happen, or in case the grantor or grantees do or omit to do a particular act, an estate shall commence, be enlarged, or be defeated. Pedro v Potter, 197 Cal 751, 759, 242 P 926, 42 ALR 1165, 1169; a provision in a grant or devise, under which an estate is made to vest, to be enlarged, or to be defeated, upon the happening or not happening of some event described therein. Raley v County of Umatilla, 15 Or 172, 13 P 890. The distinction between a condition and a covenant lies in the effect of a breach. Upon a breach of the condition upon which an estate is granted, the estate is forthwith forfeited, whereas a breach of covenant gives rise to an action at law to recover damages or a suit in equity for equitable relief. In the construction of deeds, courts will always incline to interpret the language as a covenant rather than a condition. See note to Woodruff v Woodruff, 1 LRA 381. The expression "on condition" has frequently been used in written instruments so as to give to the word "condition" a looser and broader meaning than the law attaches to it. And it is often manifest from a perusal of the whole instrument that that which is called a condition is really but a covenant or agreement to be performed independently of the counter obligation with which it is associated, and in such case, the courts will give it that construction. Green County v Quinlan, 211 US 582, 594, 52 L Ed 335, 341, 29 S Ct 162. The state of one's health, of his physical or mental being; the physical state of an animal. See concurrent conditions; condition precedent; condition subsequent; estate on condition; express condition; implied condition; negative condition; on condition.