Rescission Granted for Unfulfilled Contractual Condition Precedent

A party contracted for the purchase of land contingent upon obtaining the necessary building permits, and after the seller declared the sale final despite the purchaser not having secured the permits, the purchaser sought rescission based on the conditional nature of the agreement. The court ruled that the explicit condition precedent—obtaining the permits—had not been fulfilled, meaning the contract was never definitively formed, and therefore, the rescission sought by the purchaser was properly granted because the seller could not unilaterally waive the condition to the detriment of the buyer who had relied on that condition for their obligation to proceed.