28-1-406. What conditions must be performed before requiring performance by another. Before a party to an obligation can require another party to perform any act under it, the party shall fulfill all conditions precedent to the act imposed upon that party and must be able and offer to fulfill all concurrent conditions imposed upon that party on the like fulfillment by the other party, except as provided by 28-1-407.
History: En. Sec. 1955, Civ. C. 1895; re-en. Sec. 4903, Rev. C. 1907; re-en. Sec. 7405, R.C.M. 1921; Cal. Civ. C. Sec. 1439; Field Civ. C. Sec. 681; re-en. Sec. 7405, R.C.M. 1935; R.C.M. 1947, 58-209; amd. Sec. 748, Ch. 56, L. 2009.