Beverly Way Associates v. Barham

Opinion

EPSTEIN, J.

This case presents a single principal issue for resolution, It is whether, in a contract for the sale of real estate, the buyer’s communicated rejection of a “satisfaction” condition precedent to its obligation to purchase terminates the contract so that the buyer cannot later waive the condition and enforce the agreement. We conclude that it does. We therefore affirm the decision of the trial court, which reached the same conclusion in its order sustaining a demurrer to the buyer’s suit to enforce the contract.

Factual and Procedural Summary

This case reaches us on the basis…