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1. I agree with the judgment of the learned President insofar as the first and second grounds of appeal are concerned. As to the third ground of appeal had I decided that condition 2 of the contract did cover the situation in which the appellant found himself I should have been reluctant to hold that he was obliged, in mitigation of the damages he suffered by reason of the respondent’s default, to refuse to pay his sub-purchaser. My reluctance would stem not from acceptance of the argument that