Gray v. Southerne

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

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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 understood that the cost, if any, of maintaining said water system shall be . borne by the several owners thereof in proportion as their respective interests bear to the whole.”

On April 22, 1897, Blackburn deeded to Southerne the land and in the deed covenanted as follows: “The said R E. Blackburn hereby covenants, he shall and will on full payment of the notes given by said party of the second part, for part purchase price of said land and secured by mortgage on said land, deed for use on said land a supply of water under pressure for domestic purposes equal to thirty gallons per acre daily, said water to be piped along said Lots number 1 and 2, Block E, whence it shall be taken at the expense of said party of the second part, and also deed a

pro rata

interest in the pipe system and rights of way for the distribution of water on said Blackburn’s Addition to Ontario in the same proportion as said lots bear to the whole of the land of said Blackburn’s Addition, it being understood that the cost (if any) of maintaining said pipe and water system and said water supply shall be borne by the several owners thereof as their respective interests bear to the whole.”