DIVISION THIRD.

OBLIGATIONS.

PART I. Obligations in general.
II. Contracts.

III. Obligations imposed by law.
IV. Obligations arising from particu-
lar transactions.

PART I.

OBLIGATIONS IN GENERAL.

TITLE I. Definition of obligations.
II. Interpretation of obligations.
III. Transfer of obligations.
IV. Extinction of obligations.

TITLE I

DEFINITION OF OBLIGATIONS.

SECTION 670. Obligation, what.

671. How created.

$670. An obligation is a legal duty, by which a obligation, person is bound to do or not to do a certain thing.

$ 671. An obligation arises either from:

1. The contract of the parties; or,

2. The operation of law.

what.

How created

TITLE II.

INTERPRETATION OF OBLIGATIONS.

CHAPTER I. General rules of interpretation.
II. Joint or several obligations.

III. Conditional obligations.

IV. Alternative obligations.

Genera!

rules.

CHAPTER I.

GENERAL RULES OF INTERPRETATION.

SECTION 672. General rules.

$ 672. The rules which govern the interpretation of contracts are prescribed by Part II of this Division. Other obligations are interpreted by the same rules by which statutes of a similar nature are interpreted.

Obligations may be divided into three classes, arising respectively out of contract, common law, or statute. Those which are imposed by the common law explain themselves, their interpretation being a part of their essential nature. Contracts are interpreted by rules which differ materially from the rules governing the interpretation of statutes, and the two sets of rules, therefore, cannot well be united in one chapter

Obligation,

joint or

CHAPTER II.

JOINT OR SEVERAL OBLIGATIONS.

SECTION 673. Obligation, joint or several, &c.]

674. When joint.

675. Contribution between joint parties.

S673. An obligation imposed upon several per

several, &c. sons, or a right created in favor of several persons,

may be:

1. Joint;

2. Several; or,

3. Joint and several.

This is the admitted rule so far as the liability of parties

is concerned (Peckham v. North Parish, 16 Pick., 283;
Ludlow v. McCrea, 1 Wend., 228). As to the rights
of parties in whose favor a contract is made, an
arbitrary exception is made by the existing law, accord-
ing to which their rights cannot be joint and several
(Anderson v. Martindale, 1 East, 197; Hopkinson v.
Lee, 6 Q. B., 964; see Bradburne v. Botfield, 14 M. &
W., 573; Keightley v. Watson, 3 Exch., 721). This
exception is purely arbitrary, and although cases are
rare in which parties would desire to avail themselves
of their liberty to enter into such a contract, the com-
missioners are unable to perceive any good reason for
denying them that liberty. In other respects, this
section follows the ruling of the English Court of
Exchequer in Sorsbie v. Park, 12 M. & W., 140;
Keightley v. Watson, 3 Exch., 716.

joint.

$674. An obligation imposed upon several per- When sons, or a right created in favor of several persons, is presumed to be joint, and not several,' except in the special cases mentioned in the Title on the INTERPRETATION OF CONTRACTS. This presumption, in the case of a right, can be overcome only by express words to the contrary.2

' Yorks v. Peck, 14 Barb., 644; Hill v. Tucker, 1 Taunt., 7.
See sections 824 and 825.

$675. A party to a joint or joint and several obligation, who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him.

Story Cont., § 33 g.; Wood v. Merritt, 2 Bosw., 368;
Parker v. Ellis, 2 Sandf., 223; but see Murray v.
Bogert, 14 Johns., 318.

The three following sections should be inserted in the

CODE OF CIVIL PROCEDURE.

ga. A joint obligation cannot be enforced at any time against any of the parties jointly liable, unless it is at the same time, and by the same proceeding, enforced against all.

Robertson v. Smith, 18 Johns., 484;. King

v. Hoare, 13 M. & W., 494; Ward v. John

son, 13 Mass., 148; disapproving of Sheehy

v. Mandeville, 6 Cranch, 253.

Contribu tween joint

tion be

parties.

Enforce

ment of

joint pro

mise.

Enforcement of joint and several promise.

Enforcement of joint and several right.

§ b. A joint and several obligation cannot be enforced by one proceeding against more than one of the promisers, unless it is by the same proceeding enforced against all. But it may be enforced against each of them successively, until satisfied by one of them."

1 Bangor Bank v. Treat, 6 Greenl., 207; Streat

field v. Halliday, 3 T. R., 782; Cabell v.

Vaughan, 1 Saund., 291 f.

'Brown v. Wootton, Cro. Jac., 74.

8 c. A joint and several right can be enforced only once, and either by one party only, or by all.

This provision follows the principle of section

a. There is no authority on the subject, because all joint and several rights have been construed as joint merely. See note to section 673.

CHAPTER III.

CONDITIONAL OBLIGATIONS.

SECTION 676. Obligation, when conditional.

677. Conditions, kinds of.

678. Conditions precedent.

Obligation, when condi tional.

Conditions, kinds of

679. Conditions concurrent.

680. Condition subsequent.

681. Performance, &c., of conditions when essential.

682. When performance, &c., excused.

683. Impossible or unlawful conditions void.

684. Conditions involving forfeiture, how construed.

S 676. An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event.

Whether a contract is conditional or not, is to be deter mined by the rules of interpretation hereafter given. The intention of the parties, as gathered from the whole contract, is superior to all technical rules (Par melee v. Oswego, &c., R. R. Co., 6 N. Y., 74; Selden v. Pringle, 17 Barb., 458; Barruso v. Madan, 2 Johns., 145; see Tipton v. Feitner, 20 N. Y., 423; Grant v. Johnson, id., 247; Glaholm v. Hays, 2 Man. & Gr., 266).

S677. Conditions may be precedent, concurrent or subsequent.