Hiatt v. Giles

In Hiatt v. Giles, Darke App. No. 1662, 2005 Ohio 6536, the court determined that a contractual provision stating that the buyers of real estate "shall obtain financing" in a particular amount was not a condition precedent to performance. Instead, the Hiatt court concluded that such a provision "unambiguously obligated the Buyers to obtain financing without making the transaction contingent on their success in doing so." Id. at PP26, 29.