Clark v. West

Plaintiff and defendant entered into a written contract under which the former was to write and prepare for publication for the latter a series of law books. After the plaintiff had completed a three volume work, the plaintiff claimed that the defendant had broken the contract by causing the book to be copyrighted in the name of a corporation, which was not a party to the contract, and he brought action to recover.

Conditions can be waived, but cannot be breached.

Contract Duties | Effects of Express Conditions