Gray
Gray v. Southerne
Opinion
Lead Opinion
Thompson, J.
On November 2, 1896, one R. E. Blackburn agreed by an instrument in writing to sell to Claude E. Southerne about fourteen acres of land known and described as lots 1 and 2 of block E, Blackburn’s Addition to Ontario, for the total sum of $1,800, payable in installments. A part of this contract reads as follows: ‘/And it is further agreed by the said party of the first part (Blackburn) that he will furnish with said land a supply of water under pressure for domestic purposes equal to thirty gallons for each acre daily, said water to be piped along the street opposite said Lot-, whence it shall be taken at the expense of said party of second part. And said party of the first part shall, upon the execution and delivery of said deed of said lots as aforesaid, also deed to said party of the second part the said supply of water in the quantity specified, or else such an interest in the corporation stock of a water company as shall represent said water supply, and also a pro rata interest in the pipe system and rights-of-way for the distribution of water on said Blackburn’s Addition in the same proportion as said lots bear to the whole of the land in Blackburn’s Addition, it being…