Lord Buckmaster:—

This appeal has arisen out of an application by the respondent company to the Ontario Railway and Municipal Board, under section 250 of the Ontario Railway Act of 1914, asking the approval of plans for a proposed extension of a street railway. The Board made an order in favour of the respondents upon this application on 9th September, 1915; from this order the present appellants appealed to the Appellate Division of the Supreme Court of Ontario, by whom the order of the Railway Board was confirmed, and the present appeal is against that judgment.

On the original hearing, certain technical objections were taken on behalf of the appellants, but these were summarily overruled by the Railway Board, who regarded them as devoid of substance or merit. Such objections do not admit of elaborate argument, and, although maintained before the Supreme Court and on the hearing of this appeal, it is unnecessary for their Lordships to deal with them further than by saying they are quite satisfied that the decisions of the Board and of the Supreme Court were correct.

The real substance of the dispute depends upon the construction of an agreement made on 1st September, 1891, between