Procedural Posture

Defendant lessee appealed from a judgment of the Superior Court of the City and County of San Francisco (California) for plaintiff individual in plaintiff’s action for breach of a contract to convey a leasehold.

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Overview

Defendant entered into a contract with plaintiff to convey a leasehold. The contract required as a condition of the sale that the parties obtain the consent of the landlord to the assignment of the lease within a time certain. Neither party obtained the landlord’s consent within the time allowed and defendant conveyed the lease to another person. Plaintiff then brought a breach of contract action against defendant. The trial court entered judgment for plaintiff and awarded her damages. Defendant appealed. On appeal, the court reversed and held that obtaining the landlord’s consent was a condition precedent to all obligations under the contract, that the condition was not fulfilled, and that defendant was not obligated to convey the leasehold to plaintiff.

Outcome

The court reversed a judgment for plaintiff in her action against defendant for breach of a contract to convey a leasehold.

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