Karen v. Rose

The plaintiffs and the appellant Allan V. Rose entered into a written agreement on November 29, 1984, pursuant to which the appellant agreed to transfer certain property to the plaintiffs upon stated conditions. One condition precedent to the obligation to perform the plaintiffs’ part of the bargain is found in paragraph 66 of the contract, which provision required the appellant to obtain the consent of the holder of the first mortgage on the subject property by December 14, 1984. In the event that this condition was not met, the contract provided for the return of the plaintiffs’ $200,000…