Contracts Keyed to Knapp
Oppenheimer & Co. v. Oppenheim, Apel, Dixon & Co
The Plaintiff, Oppenheimer & Co. (Plaintiff), entered into a sublease agreement with the Defendant, Oppenheim, Apel, Dixon & Co (Defendant). The agreement contained a provision stating “there would be no sublease between the parties unless and until plaintiff delivered to defendant the prime landlord’s written consent to certain tenant work.” This written consent was to be received by February 25, 1987. On February 25, the Plaintiff informed the Defendant’s attorney by telephone that the landlord consented to the tenant work. The landlord’s written consent was not received until March 20, 1987. On February 26, the Defendant informed the Plaintiff that the sublease agreement was invalid because the condition requiring written consent was not met. The Plaintiff brought suit arguing that it had substantially performed the required conditions.
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