Wal-Noon Corp. v. Hill
California Court of Appeal
119 Cal.Rptr. 646 (1975)
Wal-Noon (plaintiff) leased space to operate a market and sublease to others, with landlord Hill (defendant) contractually obligated to repair the roof at his own expense unless damage was caused by Wal-Noon's negligence; when the roof began leaking, Wal-Noon made repeated repairs and eventually replaced the roof entirely at its own cost, without ever reading the lease's repair provision or notifying Hill, and only later demanded reimbursement, which Hill refused. The trial court found Wal-Noon breached the lease by failing to give notice but awarded it restitution damages on an unjust-enrichment theory, and Wal-Noon appealed.
Whether a condition precedent may be implied in a contract when fulfillment of the condition is necessary to effect the intent of the parties or perform the remaining material terms of the contract.