Conditional Deed Execution in Real Property Sale

A contract for the sale of real property stipulated that the final deed would be executed upon the purchaser's fulfillment of certain financial obligations, which included payment of a portion of the price and an undertaking to pay the remainder in installments, with the seller agreeing to provide a guarantee for the release of a prior mortgage obligation upon the final installment payment. The purchaser later sued to compel the execution of the final deed, arguing that the seller had not allowed the necessary time for him to obtain the necessary funds, while the seller counterclaimed that the purchaser had failed to secure the promised guarantee. The court rejected the purchaser's claim, reasoning that the contractual obligation to execute the final deed was conditional upon the purchaser first fulfilling all stipulated conditions, including securing the guarantee for the prior mortgage, and since the purchaser had not demonstrated fulfillment of this prerequisite, the seller was not in breach of the obligation to finalize the sale.