John Clark (defendant) executed an agency agreement under which Royal Realty (Royal) would sell his property. Subsequently, Royal entered into an agreement with Omni Group (Omni) (plaintiff) under which Omni agreed to buy the property, subject to a satisfactory engineer and architect’s feasibility report. Such a report was to indicate the suitability of the land for development. Omni then decided to forego the report requirement and accepted all terms in the contract. However, Clark refused to proceed with the sale and Omni brought suit. The trial court ruled in favor of Clark, finding that Omni’s promise to buy the property was illusory due to the report being a condition precedent. Omni appealed. Seattle-First National Bank (Bank) (defendant) took over as respondent as executor of Clark’s estate after he died.