Seller v. Purchaser: Enforceability of Contingent Real Estate Contract Upon Permit Non-Issuance

A contract was entered into for the sale of a building contingent upon the purchaser obtaining the necessary building permits, and upon the purchaser's failure to secure these permits within a stipulated timeframe, the seller sought to enforce the contract, arguing that the condition precedent was for the benefit of both parties and that the purchaser had not diligently pursued the necessary authorizations. The court ruled that the condition precedent, being exclusively for the purchaser's benefit, could only be waived by that party, and thus, the seller could not invoke the non-fulfillment of the condition to compel execution of the sale, leading to the annulment of the lower court's decision which had incorrectly required the purchaser to have diligently sought the permits.