First National Bank v. Stoyanoff

I think my associates are in error in holding that the covenants referred to in the contract are conditions precedent to the right of recovery of any amount as stated, or at least inferred, in the opinion of Mr. Justice Castles.

Courts are "disinclined to construe stipulations in a contract as conditions precedent, unless compelled to do so by language of the contract plainly expressed, where so to do would result in injustice.” 17 C.J.S., Contracts, section 338, page 794. In doubtful cases stipulations are construed as covenants rather than conditions precedent. Murphy v. Schuster Springs…