Breach of Contract for Property Sale Due to Unremoved Encumbrances

The case concerns a dispute arising from a contract for the sale of property where the seller, having promised to clear existing encumbrances prior to the final sale, failed to do so, leading the buyer to seek rescission of the sale and restitution of the purchase price, plus damages. The court affirmed the lower court's decision to grant the buyer's request, reasoning that the seller's failure to fulfill the express contractual obligation to remove the prior charges before the final act constituted a fundamental breach of the agreement, thereby justifying the rescission of the sale under the principle that a party who fails to perform a condition precedent to their performance cannot enforce the contract against the other party.