Nodolf v. Nelson

The trial court dismissed the buyer’s action against the seller for specific performance of an agreement to sell real estate. The dispositive issue is whether an agreement is enforceable after the buyer obtains financing where the buyer’s obligations to perform were conditioned upon his obtaining unspecified financing. We conclude that the agreement is unenforceable. We therefore affirm the judgment dismissing the complaint.

The complaint alleges that buyer and seller entered a farm sale agreement, that the buyer performed the conditions of the agreement and is ready, able and willing to…