A. A. Conte, Inc. v. Campbell-Lowrie-Lautermilch Corp.

PRESIDING JUSTICE JIGANTI,

dissenting:

The parties agree that the issue is whether the two provisions of the contract cited in the majority opinion created conditions precedent. The majority concludes that in fact these provisions did create conditions precedent. Case law and the Restatement (Second) of Contracts lead me to a contrary conclusion.

It is a well-documented common law rule that conditions precedent are not favored by the courts and contracts will not be construed as having conditions precedent unless required to do so by plain, unambiguous language. (Christofferson v. Halliburton…