Lord Tomlin. -

In this case the defendants in the action are appealing from a judgment of the Appeal Division of the Supreme Court of New Brunswick, dated 26th March 1928. By that judgment the Appeal Division (1) dismissed an appeal of the defendants from a judgment against them for $ 28,000 without interest given by the King's Bench Division of the Supreme Court of New Brunswick, on 20th October 1927, and (2) allowed a cross-appeal of the plaintiff, thereby increasing the amount recoverable against the defendants by $ 9,083.88 in respect of interest.

Two questions only have been argued on this appeal. First, whether upon the true construction of certain covenants the defendants have become liable for the $28,000 for which judgment has been given against them. Secondly, whether defendants are chargeable with interest on any sum which they may be held liable to pay under the covenants.

The facts of the case are as follows :

Prior to the year 1905, the plaintiff's predecessor-in-title, Havelock Mc. C. Hart, acquired land partly in New Brunswick and partly in Maine, on both banks of the Aroostook River in the neighbourhood of the Aroostook Falls, together with certain water privileges fo