Is a vendor entitled to a personal judgment against the petitioner?

In the present case, the respondent is a vendor. I have no discretion as it seems to me to refuse the petitioner judgment. The petitioner is entitled to exercise its concurrent remedies. It is to be noted that had the petitioner taken an order that at the end of the three-month period allowed for payment the agreement would be cancelled, the petitioner would have elected its remedy and would have been precluded from taking personal judgment: Davidson v. Sharpe, 1920 CanLII 83 (SCC), 60 S.C.R., 72, [1920] 1 W.W.R. 888, 52 D.L.R. 186. Here, the application is that at the expiry of the period fixed for payment "the petitioner shall have liberty to apply for an Order that the said Agreement for Sale be declared … cancelled".