Parker v. Averett

Dbbn, Judge.

2. Where the contract of sale expressly provided that the balance of the purchase price over $1,650 should be paid “from FHA loan” and that the sale was contingent on “purchaser being able to acquire FHA financing,” the plain meaning of these terms construed together is that the sale was meant to be contingent upon the purchaser’s ability to obtain a loan in the amount stated, and that until compliance with this condition precedent the contract is not enforceable. See Mutual Benefit Health &c. Assn. v. Hulme, 57 Ga. App. 876, 883 (197 SE 85) and citations; Pope v. Harper, 40 Ga.…