Seller v. Purchaser (Contract Enforcement Due to Failed Condition Precedent)

A contract for the sale of a property was signed under the condition precedent that the purchaser obtain necessary building permits, and upon the purchaser's inability to secure the permits, the seller sought enforcement of the contract, arguing the purchaser failed to exercise due diligence in seeking the permits. The court rejected the seller's claim, reasoning that the non-fulfillment of the condition precedent, rendering the contract void, was attributable to the objective impossibility of obtaining the required permits, and not to any fault or lack of diligence on the part of the purchaser, thus precluding the seller from enforcing the agreement.