4.36.080 - Conditions precedent, how pleaded.

Conditions precedent, how pleaded.

In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part; and if such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts showing such performance.

[Code 1881 § 97; 1877 p 21 § 97; 1854 p 142 § 59; RRS § 288.]

Notes:Rules of court:  Cf. CR 9(c).