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Court of Appeal Wellington
12 October; 3 December 1965
North P., McCarthy J., Hardie Boys J.
12 October; 3 December 1965
North P., McCarthy J., Hardie Boys J.
Sale of land — Contract subject to finance being arranged by purchaser by specified date — Whether condition precedent or subsequent — Whether time of essence — Whether purchaser entitled to waive condition — When waiver may be effected — Whether contract at an end on non-fulfillment of condition within specified time — Effect of such non-fulfillment.
Sale of land — Vendor and purchaser — Contract subject to finance being arranged by purchaser by specified date — Whether condition precedent or subsequent — Whether time of essence — Whether purchaser entitled to waive condition — When waiver may be effected — Whether contract at an end on non-fulfillment of condition within specified time — Effect of such non-fulfillment.