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Avant d’apposer sa signature, il signala que l’entente ne prévoyait aucun délai dans les limites duquel l’acquéreur devait conclure l’entente d’aménagement prévue à la clause 9, mais l’agent de Oldfield, Kirby & Gardner l’a assuré, comme le juge de première instance l’a constaté, que l’entente d’aménagement serait conclue dans un délai de deux ans.
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Metropolitan Homes, wishing to obtain some 200 acres of land in the City of St. Vital for the purpose of a subdivision, retained Oldfield, Kirby & Gardner, real estate agents, to acquire options to purchase from the owners of land within the area. Politzer, one of the owners, signed an agreement in the form indicated and received $100. He received a further $900 within the 90-day period referred to in para. 1(b) and a letter purporting to exercise the option therein mentioned. Prior to signing, he was concerned that the agreement did not limit the time within which the purchaser would execute the development agreement mentioned in para. 9, but his concern was allayed by the salesman of Oldfield, Kirby & Gardner who assured him, the trial judge found, that the development agreement would be completed within two years.
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