Scott v. Wall

Glenn and Gloria Wall (Wall) appeal an order granting partial summary judgment to Lewis and Janet Scott (Scott) in an action to enforce a promissory note. We reverse.

On May 31, 1986, Wall entered into a contract with Scott to purchase and operate Wall's restaurant. Paragraph 10 of the purchase agreement provided:

This offer is subject to and contingent upon the ability of the purchaser to negotiate an acceptable lease for not less than 3 years ... for the existing location of the restaurant. If such a lease cannot be obtained, this agreement shall be null and void and not binding on purchasers.