Kessler v. Troast

The bill is one for a deed and mortgage and to rescind a contract. It sets forth the contract of the complainant husband to purchase from the defendants, and alleges that one of the conditions of the transaction was that the contract should be void unless the complainants should be able to secure municipal permission to construct upon a part of the premises to be conveyed a shop for the manufacturing of clothing. The provision of the contract with regard thereto was as follows:

"It is hereby understood and agreed by and between the parties hereto that the said party of the second part will…