Contract Termination Upon Failure of Condition Precedent in Real Estate Purchase Agreement

An individual who had contracted to purchase a property with a stipulation that the final sale would occur only upon the seller obtaining necessary building permits filed a lawsuit after the seller failed to secure the permits and the time limit passed, arguing the seller's inaction amounted to a breach justifying rescission and damages. The court, however, affirmed the lower court's ruling that the obligation to obtain the permits was a condition precedent tied to the execution of the final contract, not a mere obligation of means, and since the stipulated condition—the issuance of the permits—did not materialize within the agreed timeframe, the contract was automatically terminated by operation of law without any fault attributable to the seller, thus precluding a finding of breach or liability for damages.