The appellants appealed a trial judgment ordering the return of a real estate deposit with interest to the respondent purchaser.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion that the deal was dead after the purchaser failed to give notice under a condition inserted for his sole benefit.
The court declined to accept a new affidavit as fresh evidence and awarded costs of $4,000 to the respondent.
