Nature of the Case
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Facts
Schlosser (D) entered into a contract with Flynn (P) to purchase a coop apartment. The contract stated that D had to be approved as a tenant in the coop before the apartment could be conveyed. Before the tenant approval, D attempted to revoke her offer. P sued for breach of contract. D alleged that the approval was a condition precedent to the contract and P alleged that it was a condition on performance; a valid contract already existed. Judgment was given to D and P appealed.
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