Brief Fact Summary
In a real estate transaction, plaintiff promised to make five equal payments to defendant and defendant promised to convey the deed on the last payment. The buyer missed all five payments.

Rule of Law and Holding
Independent causes of action arise upon individual breaches of conditions in a contract. When there are multiple breaches of a condition, such as failure to make payment on several installments, a single cause of action arises. Thus, if the initial breaches are not predicate upon a condition and are not acted upon, but subsequent conditions are predicate upon a condition and the plaintiff does not bring a cause of action until the conditions which are predicate upon performance are breached, then the plaintiff must fulfill the condition upon which the subsequent condition is predicate to successfully show breach. In this case, the plaintiff could have sued on each individual installment. However, the plaintiff waited until the last payment was due. Therefore, the plaintiff needed to show that he conveyed the deed to successfully show a breach of contract.

Topics
Contract Duties

Subtopics
The Order of Performance