Chirichella v. Erwin
Court of Appeals of Maryland
270 A.2d 645 (Md. 1970)
Relevant factsFree
The Chirichellas (defendants) contracted to sell their home to the Erwins (plaintiffs), with the contract specifying a closing date coinciding with the Chirichellas' own closing on a new home; when the Chirichellas never closed on that new home, they refused to close with the Erwins, who sued for specific performance. The trial court found the new-home language wasn't a condition precedent excusing performance and ruled for the Erwins, and the Chirichellas appealed.
IssueFree
Whether a real estate contract provision tying the closing date to the seller's own closing on a replacement property constitutes a condition precedent excusing the seller's performance if that replacement closing never occurs.