Business Law and the Regulation of Business 11th Edition by Richard Mann, Barry Roberts

تمرين 7

Barta entered into a written contract to buy the K K Pharmacy, located in a local shopping center. Included in the contract was a provision stating ''this Agreement shall be contingent upon Buyer's ability to obtain a new lease from Landlord for the premises presently occupied by Seller. In the event Buyer is unable to obtain a lease satisfactory to Buyer, this Agreement shall be null and void.'' Barta planned to sell ''high-traffic'' grocery items, such as bread, milk, and coffee, to attract customers to his drugstore. A grocery store in the shopping center, however, already held the exclusive right to sell grocery items. Barta, therefore, could not obtain a leasing agreement meeting his approval. Barta refused to close the sale. In a suit by K K Pharmacy against Barta for breach of contract, who will prevail? Explain.