Jones Associates, Inc. v. Eastside Properties, Inc.

41 Wash. App. 462, 704P.2d 681 (1985)

Facts

Jones (P) agreed under contract to provide Eastside (D) with a feasibility study, master plan, nine records surveys and nine short plats for a 180-acre parcel. That price was $17,480. The King County Building Association imposed a number of conditions upon D, and in order for D to meet those conditions, the contract with P was modified to include a price of $12,550 for various other requirements. P contends that it did all the work required under the original contract and the modified contract and was due all the monies under both contracts. D claimed that two conditions precedent to payment had not been completed. D paid P $15,000, and P sued D for the balance. The trial court awarded D its motion to dismiss in that obtaining county approval was a condition precedent to contractual payment and that condition had not been met. P appealed.