Seller v. Buyer Regarding Waiver of Condition Precedent for Land Sale

A party contracted to purchase land under the condition precedent that necessary authorizations for construction be obtained, and when the authorizations were refused, the seller sued to enforce the sale, arguing the buyer had waived the condition by filing an administrative appeal against the refusal. The court affirmed the rejection of the seller's claim, reasoning that the condition precedent related to the public administrative authorization required for the agreed-upon purpose of the sale, and filing an administrative appeal to obtain that authorization did not constitute a waiver of the condition; rather, it was an act taken to fulfill the objective underlying the contract, meaning the contract remained unformed due to the non-fulfillment of the stipulated suspensive condition.