01-1104 Flores, et al. v. Raz

By: dmc-admin//December 31, 2001//

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“Here, it is clear that everyone knew that Board approval was necessary. Indeed, the parties met with the executive director, who encouraged the sale. The facts and circumstances point to the parties’ intention that Board approval would be necessary to complete the sale. Thus, the Board’s approval was an implied condition precedent to enforcement of the contract.”

And, where the Board had not approved the sale by March, 1999, the date set in the contract, plaintiff purchasers were entitled to rescind the contract and recover the $30,000 they had already paid to defendant seller in contemplation of the sale.

Judgment affirmed.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Haese, J., Curley, J.

Attorneys:

For Appellant: Joseph J. Welcenbach, Milwaukee; Robert Jacob Welcenbach, Milwaukee

For Respondent: Daniel J. O’Brien, Milwaukee; Coral Pleas, Milwaukee

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