Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hamilton Music, Inc. v. Gordon A. Gundaker Real Estate Co., 666 S.W.2d 840 (1984)

Citation
Hamilton Music, Inc. v. Gordon A. Gundaker Real Estate Co., 666 S.W.2d 840 (1984)
Parent Document
Hamilton Music, Inc. v. Gordon A. Gundaker Real Estate Co., 666 S.W.2d 840 (1984)
Jurisdiction
Missouri (state)
Effective Date
1984-01-24

Other Sections in This Document (40)

Full Text

752 chars
Appellants’ initial point concerns the clause “this lease subject to acquisition of said property by Wee Too.” They label the clause a “condition precedent” to the lease and state that the condition was not met, since Wee Too did not buy the property. They conclude that nonoccurrence of the condition failed to create a valid lease to enable plaintiff to bring a contract action for breach of the lease. We rule against appellants on this point without addressing either the distinctions between conditions precedent and conditions subsequent or between remedies for their breach. We hold that appellants Ozersky and Banks d/b/a Wee Too had acquired the property within the meaning of the lease to create a valid and binding contract upon the parties.