Pack 2000, Inc. v. Cushman

Summary

The dissent would require an optionee to strictly comply with every condition precedent in a real-estate option, including incorporated lease and payment obligations, rather than applying substantial performance. It reasons that an optionee acquires no right to enforce the option until all conditions are performed and concludes that Pack 2000's repeated late and missed payments defeated its right to specific performance. The dissent would uphold the intermediate appellate judgment but remand for factual findings on whether the optionor waived the noncompliance.