So 'l'he Conditionary PJ!rl .. The Firft .Part of the Covenant, namely, the Con; ditionary Part. · THE Condition of a covenant or bargain, proper– ly and commonly fo called, is, T4at part of a covenant or bargain, upon the performing of.which, one's right to the benefit promifed is founded, ana his plea· for it is fiated, as becoming_due to him ·for that his performance, according to and in virtue of the agreement between the parties. This is a.fede– ral eondition, a covenant-condition, or the condition of a covehant; and what all men in common con– verfation, underfi:and by the condition of a covenant or bargain. As, for infi:ance, the paying of fuch a fum of money for fuch a commodity,, according to the a– greemeat between the parties, is the condition of a c;ovenant of commerce, fale, or traffic!\; the working . of fuch a piece of work, or doing of fuch a deed, for fuch a reward, agreed upon by the parties, is the con– dition of a covenant of fervice or hire. ~efides this, there is alfo what is c·alled a c~ndiUr;n ofconnexion, or order, in a covenant ,; whereby one thing neceifarily goe~ before another, in the order of the covenant, without being the ground tipon which one's right and title to that other thing is founded. As, in the former infiances, the buyer's receiving <?f the,commodity, and the hJreHng's receiving of the reward, covenanted or bargained for, mufr needs go before their poffeffion or enjoyment of them.; but 'tis .. evident, that that receiving is not the thing, upon . which the buyer's right and title to the commodity, <?r the hireling's right and title to the reward, is foun– qed : therefore, though it may be called a condition DJ connexion in the refpeCl:ive covenants, yet it can• not, in any propri-ety of fpeech, be called the condi· tlon of them. - Now
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