Contractual Payment Contingent on Lawsuit Outcome Withdrawn Pre-Judgment

A party, obligated under a contract to pay a sum to another party contingent upon the outcome of a lawsuit, sought to enforce this payment despite the receiving party having withdrawn its own suit prior to a judgment being rendered, arguing that the withdrawal did not extinguish the obligation. The court rejected this claim, reasoning that the contractual condition precedent—the outcome of the lawsuit—had not been met because the suit was terminated voluntarily by withdrawal rather than by a judicial decision that would determine the outcome upon which the payment was conditioned.