Is a buyer entitled to a trial on the basis that the seller's conduct caused the failure of a conditional purchase agreement?
MultiRegion, United States of America
The following excerpt is from Arciero & Sons, Inc. v. Shell Western E & P, Inc., 990 F.2d 1255 (9th Cir. 1993):
Arciero relies on Green v. Linn, 26 Cal.Rptr. 889 (Cal.Ct.App.1962), where the seller withdrew his support of the buyer's petition for court approval, and the court held that the buyer was entitled to a trial on the question of whether the seller's conduct caused the failure of the condition. Green involved approval by a third party, not approval by the seller itself, as in this case.
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