While this is sufficient to dispose of the matter, I also note that, in circumstance where (a) there has been no effort to satisfy the condition, and (b) there is no evidence that the condition could not have been satisfied, a contract will normally be enforced (see: Gilchrist v. Commodore (1931) 40 O.W.N. 577). Here, as I have noted, there is no evidence the defendant ever tried to "satisfy" herself of the boundaries, or made herself "aware" of the water system, or that there was a problem with either. No survey was performed, although the statement of adjustments prepared by the defendant's lawyers suggests the advisability of one. The evidence is that the defendant's husband simply walked the property and ultimately persuaded her to back out on the basis of unspecified misgivings.
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