Condition Precedent to the Formation of a Contract
In Acme Markets, Inc. v. Federal Armored Express, Inc., 437 Pa. Super. 41, 648 A.2d 1218 (Pa. Super. 1994), the court indicated that a condition precedent to formation of a contract may be defined as a condition that must occur before any duty arises between the parties to perform under the contract.
Further, in Village Beer and Beverage, Inc. v. Vernon D. Cox and Co., Inc., 327 Pa. Super. 99, 475 A.2d 117 (Pa. Super. 1984), the court discussed the nature of a condition precedent (as well as that of a condition subsequent) and reiterated the principle that the intent of the parties is paramount in construing a contract and that a court will adopt an interpretation that, under the circumstances, "ascribes the most reasonable, probable, and natural conduct of the parties, bearing in mind the objects manifestly to be accomplished." Id. at 121.