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Tacoma Northpark, LLC v. NW, LLC

Court of Appeals of Washington

96 P.3d 454 (2004)

Relevant factsFree

NW's (defendant) purchase agreement with O'Connor (plaintiff) made the sale of subdivided lots contingent on the city's approval of NW's subdivision plat, but the plat was never approved before scheduled closing dates despite NW's good-faith pursuit of approval; when NW later sold the property to a third party, O'Connor sued for breach, and the trial court found NW had pursued plat approval in good faith and thus did not breach the agreement.

IssueFree

Whether a party that makes a good-faith effort to satisfy a condition precedent to a contract is liable for breach of contract if the party fails to satisfy the condition precedent.

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