Non-fulfilment of a condition precedent to performance of a contract renders the contract voidable, not void, and a party whose breach has contributed to the non-fulfilment cannot terminate for failure of the condition. An entire agreement clause in a subsequent formal agreement does not displace conditions precedent in an earlier binding agreement where the formal agreement expressly refers back to the earlier agreement. A trial judge cannot find a party in breach of a contractual obligation where that breach was not pleaded and was not put to the party's witnesses in cross-examination.
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