Levitz entered into an agreement to sell property to Safeway. Safeway placed a condition in the agreement that required Levitz to obtain title to and sell to Safeway the lot adjoining the property that was the subject matter of the contract. Levitz was unable to acquire title to the adjoining lot but sought to go forward with the sale. Safeway refused. What result?
?In Levitz v. Safeway, 457 P.2d 938 (Az. 1969), the court held the non?acquisition of the lot was non?satisfaction of a condition precedent and excused Safeway.
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