At the trial a considerable amount of argument was directed to the question as to whether or not this was a condition precedent and if so could it be waived by the plaintiff. However, I have found that the buyer did arrange the financing on or before 30th November 1975 so there is no need to analyze the rather complicated case law on this topic as it exists in Canada, The obtaining of financing was a condition which was met and not a condition or condition precedent that was waived: Barnett v. Harrison, 1975 CanLII 33 (SCC), [1976] 2 S.C.R. 531, 57 D.L.R. (3d) 225 at 247-48, 5 N.R. 131.
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