CONDmONS  PRECEDENT.
173.  Conditions  precedent  are  those  which  are  to  be  per-
formed before  the  obligation  commences.  It  is  a  warranty
that  the  matter  stipulated  for  shcM  be  as  agreedy  and  can


^


CONDITIONS  OP  THE  POUCY.  69

generaDjr  be  exactly  performed ;  and  equity  wiQ  not;  ordinar-
jIjj  interfere  to  avoid  the  consequences  of  non-performance
for  any  cause.
What  particular  form  of  words  was  necessary  to  make
a  condition  precedent  in  a  contract  was  formerly  the  subject
of  many  nice  and  subtle  distinctions ;  but  it  is  now  well
settled  that  an  underwriter,  as  a  rule,  may  prescribe  any
conditions  to  his  undertaking  that  he  pleases  (199);  and  if
it  be  a  condition  that  a  constant  watch  shall  be  kept  on  the
premises,  otherwise  the  policy  to  be  void,  if  the  insured  fail
to  keep  such  watch  the  policy  ceases,  and  no  question  can
arise  whether  compliance  affected  the  risk  in  any  way.  No
laches  will  be  permitted,  and  due  diligence  must  be  used
under  aD  circumstances  of  the  case.
"  If  there  be  a  condition  precedent  to  do  an  impossible  thing,  the  obliga-
tion becomes  single ;  bat,  however  improbable  the  thing  maj  be,  it  must
be  compUed  with,  or  the  right  which  was  to  attach  on  its  being  performed
does  not  vest/'

'*  If  a  person  engage  for  the  act  of  a  itranger,  he  most  procure  the  act
to  be  done,  unless  the  refusal  of  such  stranger  be  procured  by  the  other
party,"

EXPRESS   CONDmONS.
1 74.  Express  conditions  are  those  created  by  the  express
words  of  the  contract.  Thus,  a  condition  in  the  policy  that
the  application  is  true  is  an  express  condition ;  but  such  con-
dition does  not  make  the  application  a  part  of  the  contract.
IMPLIED   CONDITIONS.
