Where covenants are dependent, the failure of performance by the opposing party may be a good defense.
(Orig. Code 1863, § 2799; Code 1868, § 2807; Code 1873, § 2858; Code 1882, § 2858; Civil Code 1895, § 3709; Civil Code 1910, § 4303; Code 1933, § 20-904.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 17 Am. Jur. 2d, Contracts, §§ 322, 355, 358, 362.
C.J.S.- 17A C.J.S., Contracts, §§ 320 et seq., 344, 390, 425, 452.
ALR.
- Performance by vendor of covenant to make improvement as condition of his right to foreclose or forfeit contract, 128 A.L.R. 656.
Right to exercise option to renew or extend lease as affected by tenant's breach of other covenants or conditions, 23 A.L.R.4th 908.