On January 15, in a signed writing, Artisan agreed to remodel Ohner's building according to certain specifications, and Ohner agreed to pay the specified price of $5,000 to Artisan's niece, Roberta Neese, as a birthday present. Neese did not learn of the agreement until her birthday on May 5. Before they signed the writing, Artisan and Ohner had orally agreed that their "written agreement will be null and void unless Ohner is able to obtain a $5,000 loan from the First National Bank before January 31.""For this question only, assume that Ohner was unable to obtain the loan, and on January 31, phoned Artisan and told him, "Don't begin the work. The deal is off." In an action for breach of contract brought against Ohner by the proper party, will Ohner be successful in asserting as a defense his inability to obtain a loan?
Yes, because obtaining a loan was a condition precedent to the existence of an enforceable contract.  Yes, because the agreement about obtaining a loan is a modification of a construction contract and is not required to be in writing.  No, because the agreement about obtaining a loan contradicts the express and implied terms of the writing.  No, because Ohner is estopped to deny the validity of the written agreement