Arizona Land Title & Trust Co. v. Safeway Stores, Inc.

MOLLOY, Judge.

This appeal arises from a summary judgment rendered for the defendant-buyer (Safeway Stores) in an action brought on a contract for the sale of real estate, in which the seller sought specific performance and damages. The problem presented here is one of the construction of the verbiage contained in the written contract of sale.

The conflict centers upon whether an express condition precedent in the contract had occurred. The key word in this controversy is “purchase.” According to the seller-plaintiff, this word denotes, in the context of this particular contract, the entering…