Smith v. Standard Oil Company

I feel strongly that the defendant should have been allowed to show that the option contract was delivered to the optionee subject to the condition that the defendant’s husband approve it, and that his approval was not obtained.

Consideration of such evidence is authorized by Code § 20-901, which provides that, "Any fact going to show that the original contract was not obligatory, though executed, may be set up as a defense”; and by Code §20-902, which in essential part declares that, "A condition, precedent or subsequent, not complied with . . . may be pleaded as a defense.”

Therefore, I…