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ARONOFF v. LENKIN CO.

Nos. 91-CV-78, 90-CV-1425, 90-CV-1426, 90-CV-1427, 90-CV-1428, 90-CV-1429, 90-CV-1532 and 91-CV-77.

618 A.2d 669 (1992)

Richard M. ARONOFF, et al., Appellants, v. The LENKIN COMPANY & Lerner Enterprises Limited Partnership, Appellees. Richard M. ARONOFF, et al., Appellants, v. COMMONWEALTH LAND TITLE INSURANCE CO., Appellee.

District of Columbia Court of Appeals.

Decided December 30, 1992.

Attorney(s) appearing for the Case

Burton A. Schwalb, with whom Ellen Kabcenell Wayne, Washington, DC, was on the brief, for appellants.

Mark D. Hopson, with whom Thomas C. Green, Washington, DC, was on the brief, for appellees The Lenkin Co. and Lerner Enterprises Ltd., Partnership.

James M. Saunders, with whom John G. McJunkin, Alexandria, VA, was on the brief, for appellee Commonwealth Land Title Ins. Co.

Before ROGERS, Chief Judge, FARRELL, Associate Judge, and PRYOR, Senior Judge.

FARRELL, Associate Judge:

After a bench trial, the Superior Court upheld cancellation of a contract for the purchase and sale of a District of Columbia limited partnership and ordered that a one million dollar deposit (originally in the form of a letter of credit) be returned to the purchasers. The trial judge ruled that by failing to tender insurable title to the limited partnership's realty, the sellers had not complied with an express condition precedent both to...

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