Supreme Court of Alabama November 21, 2003, 1020323 (Young v. Pimperl)

I would affirm. As a result of the ore tenus hearing, the trial judge could have found that the language in the purchase agreement contemplating payment of the purchase price only upon the complete performance by all the landowners was a provision solely for the benefit of the Pimperls, and the Pimperls could and did waive this requirement.