Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that condition precedent must occur “before a duty to perform a promise in the agreement arises” (internal quotation marks omitted)
• finding that a letter agreement contained an express condition precedent to contract formation where the agreement provided that the contract would be “null and void” unless the condition was fulfilled
• stating that if contract “language is in any way ambiguous, the law does not favor a construction which creates a condition precedent.”
• explaining that the “agreement unambiguously establishes an express condition precedent rather than a promise, as the parties employed the unmistakable language of condition (‘if,’ ‘unless and until’)”
• noting that the “mitigating standard of materiality or sub-stantiality applicable to the non-occurrence of [an] event,” while generally a “flexible concept,” does not apply when the parties “have made an event a condition of their agreement”
• recognizing “if” and “unless and until” as “unmistakable language of condition”

Source: CourtListener parenthetical corpus (CC0).