In light of the entire instrument, the dependence or independence of covenants or conditions must be determined from the intention of the parties. If the conditions are dependent, the failure of the person first required to act shall be an excuse to the other party for failing to comply; if the conditions are independent, no such excuse shall avail. The law favors conditions to be independent.
History. Orig. Code 1863, § 2279; Code 1868, § 2272; Code 1873, § 2298; Code 1882, § 2298; Civil Code 1895, § 3140; Civil Code 1910, § 3720; Code 1933, § 85-905.
Structure Georgia Code
§ 44-6-100. “Estate for Years” Defined; Estate for Years in Lands Passes as Realty
§ 44-6-102. “Lease” Defined; Extent of Interest; When Mining Interest Passes
§ 44-6-103. Tenant’s Rights and Duties; Grounds of Forfeiture
§ 44-6-104. Right of Tenant for Years to Emblements
§ 44-6-105. Liability of Tenant for Years for Repairs and Expenses
§ 44-6-106. Dependent and Independent Covenants or Conditions