Land Sale Condition Precedent Refusal of Permits

Land Sale Condition Precedent Refusal of Permits: A party contracted to purchase land with a condition precedent requiring the acquisition of building permits; when the permits were refused due to pre-existing municipal planning regulations that effectively prohibited the intended construction, the buyer sought to invalidate the sale, arguing the refusal constituted a failure of the condition, but the court upheld the lower court's finding that the condition was a stipulation for the buyer's benefit which they could waive, and since the planning regulations were known or ascertainable prior to the contract, the inability to obtain the permit did not constitute a force majeure excusing the buyer from performance, leading to the dismissal of the appeal.