Seller v. Buyer: Resolution of Contract Subject to Suspensive Condition Due to Representative's Delay

A dispute arose concerning the validity of a sale agreement that was subject to a suspensive condition precedent—namely, the buyer obtaining necessary authorization to build on the acquired property. When the authorization was ultimately refused, the seller invoked the non-occurrence of the condition to demand the contract's resolution and restitution of the property, arguing the condition had not been fulfilled within the agreed time frame. The court ruled that the seller was not entitled to resolution because the condition's non-fulfillment was due to the action of the seller's own representative, who had failed to submit the authorization request in a timely and proper manner, thus precluding the seller from relying on the unfulfilled condition as grounds for rescission.