Our Savior Lutheran Church v. Tom Jones Enterprises, Inc.

HERSEY, Judge.

This is an appeal from a final judgment ordering specific performance of a contract.

Appellant Church as seller and appellee corporation as buyer entered into a purchase and sale agreement which contained the following condition: “This offer is subject to the buyer obtaining rezoning within 6 months from current zoning to R2 Multifamily. If rezoning not granted the buyer has the option to purchase as is.” Other pertinent conditions included a requirement that seller would furnish to buyer within 30 days “from date of contract” a title insurance commitment and closing would take…