Vendor's Right to Terminate Sale Based on Unfulfilled Condition Precedent Due to Refusal Based on General Planning Regulations

A vendor sought to enforce a condition precedent in a sale agreement requiring the purchaser to obtain municipal authorization for the intended use of the property, but the authorization was delayed and eventually refused by the municipality on grounds related to the general town planning regulations, not on grounds specific to the purchaser. The court ruled that the vendor could not unilaterally terminate the contract because the condition precedent was considered fulfilled when the municipality's refusal was based on general regulations that would have similarly prevented the vendor from realizing the sale, meaning the vendor could not rely on their own inability, which stemmed from the public planning law, to claim the condition had failed due to the purchaser's actions or inaction.