The appellant limited partnership appealed the dismissal of its application for declaratory and mandatory relief regarding a Sale and Dissolution Agreement.
The dispute centered on whether a conditional offer to purchase real estate satisfied the agreement's requirement that the property be 'sold' before the listing period expired.
The Court of Appeal held that in the commercial context of the agreement, which aimed to provide a clear end to the listing period and trigger a standstill obligation, the word 'sold' meant an unconditional sale.
The appeal was dismissed.