Barrie v. Smith

Mabston, 0. J.

It is to be regretted that we did not have the benefit of a careful'examination and argument by counsel upon what this court considers the important question in this case. Counsel seem to have conceded the validity of the condition, claiming simply that there had been a waiver thereof by the plaintiffs, the original grantors, and if not, that the defendant below was at all events entitled ■to be compensated for his improvements.

It is familiar doctrine and well settled that “ conditions subsequent are not favoured in law, and are construed strictly, because they tend to destroy…