Gardner v Gould - [1972] NZLR 943

Sale of land — Contract subject to conditions — Two contemporaneous contracts between same parties "subject to finance being arranged" and each contract subject to other contract becoming unconditional — Purchaser for unconditional contract suing as vendor in other contract for loss of profit on resale — Finance to be arranged by vendor or purchaser — Vendor plaintiff took no steps to arrange finance for purchaser — Potior est conditio defendentis rule applicable.