The obligation to pay the contract may depend on the satisfaction of a third party. Work contracts often subordinate the buyer`s obligation to pay to the contractor`s obligation to obtain an architect`s certificate on compliance with all contractual conditions; Road contracts often require the work to be done “to the satisfaction of the district engineer.” These conditions can be difficult. The owner has already built the work and cannot “give back” what he has done. However, as the buyer wishes to ensure that the building (obviously a significant purchase) or the street complies with its requirements, the courts will keep the holder on condition, unless it is impossible to present a certificate (for example. B the architect may have died) or the architect acted in bad faith, or the buyer prevented the issuance of the certificate. The refusal of the third party to issue a certificate must be appropriate. Renting real estate. In Warnecke v. Rabenau`s Estate, 367 S.W.2d 15 (Mo. Ct.
App. 1963), Rabenau leased offices in the warneckes tower at the time of Rabenau`s death, which spent five months in a two-year lease. When Warnecke von Rabenaus sued for rent forfeiture, the court recited the general rule that “a lease of several years of antenna is not terminated by the death of the landlord or tenant.” Nevertheless, the court found that the lease had been terminated after Rabenau`s death. Contractors may agree to abandon it. This can be in case of withdrawal, release, renunciation, innovation, substitute agreement or compliance and satisfaction. Buying real estate. In Browne v. Fairhall, 100 N.E. 556 (Mass. 1913), Browne agreed to purchase $1,375,000 in cash, a $200,000 note and a warranty certificate for certain real estate in Chicago, all at closing to purchase shares and bonds of a particular company.
The parties planned to close within 90 days, but Browne died about 50 days later. Browne`s executor refused to pay and the seller filed a enforcement complaint alleging that it was a contract to purchase real estate and not a personal services contract. The court ruled that the contract with Browne died, in part because, under the Browne contract, it was to determine whether, within three years, the $200,000 in the change of sola would be payable. In addition, the seller should not be required to deal with anyone other than Browne himself, since the debt title should not be guaranteed. As a result, the executor was unable to surrender the debt bill required by the treaty. “Implementation of the agreement has become impossible because it has become impossible to meet any of its essential conditions.” Id.