Hechter et al. v. Thurston

THE CHIEF JUSTICE—We are all of the opinion that this appeal should be allowed, the judgment of the Manitoba Court of Appeal set aside and the award of damages by Nitikman J. in favour of the plaintiffs restored. The contract in question here did not make time of the essence, and it is clear that the vendor had accepted the conditions of the contract as terms thereof imposing obligations upon him. This contract does not involve, therefore, any question raised by the cases dealing with what has been called “true conditions precedent”. In the circumstances, the vendor was in default in carrying out his obligations and, indeed, was guilty of a premature repudiation. The appellants are entitled to costs in this Court. We leave the costs at trial undisturbed and award no costs in the Court of Appeal.

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Solicitors for the plaintiffs, appellants: Norton, Schwartz, McJannet, Weinberg, Winnipeg.

Solicitors for the defendant, respondent: Allen & Booth, Winnipeg.