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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)

Citation
BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)
Parent Document
BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)
Jurisdiction
DC (municipal)
Effective Date
2009-11-19

Other Sections in This Document (111)

Full Text

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This interpretation is further compelled by the fact that releasing the mortgage was an event outside the parties' control. In Bergman, a property owner who had contracted with an architectural firm for the construction of a building agreed to obtain the necessary permits to allow work to commence. Because obtaining the permits was entirely within the owner's control and the owner simply "decid[ed] to abandon the project" due to logistical difficulties, we found that the agreement to obtain the permits was a promise. 216 A.2d at 582. Here, obtaining the mortgage release was expressly contingent on Prudential's "agree[ment]" to release it, an assent that BSA could not independently obtain. BSA had no decision-making authority over Prudential or HUD. No matter how ardently BSA tried to effectuate the mortgage release, if these independent bodies would not allow it, the mortgage release would not be effectuated.