Buyer's Risk in Failure to Obtain Municipal Authorization for Land Sale

A contract for the sale of land stipulated a clause requiring the buyer to obtain municipal authorization to build a service station before the final deed could be signed, and the buyer, after discovering the local planning rules prohibited such construction on the property, sought to unilaterally withdraw from the contract. The court rejected the buyer's appeal, ruling that since obtaining the authorization was a condition precedent for the final sale agreement, the buyer bore the risk of the planning restrictions, and their inability to fulfill this necessary prerequisite constituted a failure to meet their contractual obligation, thereby justifying the seller's right to enforce the contract or seek damages.