independent promises

independent promises
The mutual promises of the parties to a contract so plainly independent of each other that the one can never by fair construction be a condition of the performance of the other. 17 Am J2d Contr § 322. Courts will not and ought not to construe promises as independent unless no other construction is possible and such construction appears to have been the deliberate intention of the parties at the time the instrument was executed. Palmer v Fox, 274 Mich 252, 264 NW 361, 104 ALR 1057; Summer v Fabregas, 52 NJ Super 399, 145 A2d 659. See independent covenant.

Ballentine's law dictionary. . 1998.

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