Gerruth Realty Co. v. Pire

Contracts of purchase or offers to purchase containing “subject to financing” clauses are fairly common and the clauses have been construed frequently as constituting a condition precedent to the buyer’s performance. The initial question in reference to such a contract is whether it is definite enough to be sustained or, if indefinite, whether it may be given a meaning which renders the contract certain. Courts are not inclined to strike down such a contract for uncertainty if the deficiency can be supplied consistent with reasonableness in the interest of preserving the contract which…