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Plaintiff, a tenant in common in a piece of real prop - erty, had agreed to sell his interest therein to defend - ant, the
Plaintiff, a tenant in common in a piece of real property, had agreed to sell his interest therein to defendant, the other tenant in common. The contract of sale provided that defendant was to pay plaintiff $ upon the execution of a bargain and sale deed transferring title to the defendant as the sole owner of the real property. The contract of sale further provided that plaintiff could continue to store his equipment at the property for a maximum of days from the date of the contract of sale, and that immediately upon the permanent removal of all of the equipment from the premises, Evelyn A Cuggino shall pay the sum of ten thousand $ dollars to Peter J Magnani, which shall occur no later than days from the date of this agreement. At a nonjury trial, the evidence established that plaintiff had not removed his equipment within the day period, yet defendant paid plaintiff the sum of $ prior to plaintiffs removal of the equipment, but not the remaining $ Plaintiff sued to recover $ for breach of a contract for the sale of real property.The trial court dismissed plaintiffs action. The court found that plaintiff was not entitled to recover the remaining $ due under the agreement, since removal of the equipment within the day period was a condition precedent to plaintiffs entitlement to be paid the sum of $ by defendant. Plaintiff appealed this dismissal, claiming the contract of sale did not provide for a forfeiture of plaintiffs right to recover the $ if he failed to remove the equipment within the day period, and therefore it was not a condition precedent. How do you think the case was resolved on appeal? Why?
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