Is a covenant not a covenant?
Saskatchewan, Canada
The following excerpt is from Beaman v. Tully, 1927 CanLII 200 (SK CA):
It is quite clear that this case (Westacott v. Hahn) decides that the clause in question was not a covenant because the words “to be previously approved in writing by the lessors” qualified the rest of the clause and gave the lessors the right to say whether or not repairs should be made and materials furnished.
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