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stantial brir^ge over the raceway; they were to make a landing place on the river Delaware, and to make and maintain the fences. But they entered into 7io covenants to do these things. They were to enjoy the land, provided they did pei form these stipulations; and they accepted the deed, and entered upon the land upon the condition, that if they did not perform them, they should forfeit all the benefits of the grant. Unless these are conditions, then there exists no distinction between a condition and a covenant. McoU vs. the New York and Erie Railroad Co., 12 Barb. S. C. Rep., 460; Coke upon Litt., by Thomas. 4; CornDig., Condition 1, A, 2; Co. Litt., 216 C; Hamilton V. Elliott, 5 Serg. & Rawle, 375; Piatt on Gov., 36, 37; Bouv. Law Diet., title Proviso."
It is apparent therefore that the provision in question was a condition subsequent, governed by the rule relating thereto, and giving the Edison Company a right to rescind the contract upon non-performance,
In this agreement entered into between Messrs. Lodge, Carter and Lewis, and approved by Messrs. Howe and Dunn, it was provided that substantially all of the stock was to be deposited with the trustees, and should be endorsed by the owners to the trustees, who would issue their trustees' certificates therefor, said stock to remain with the trustees for the period specified, with a provision for an extension for an additional period. It was also provided therein " that said trustees shall have the voting power of said stock at all regular and special meetings as fully and completely as the owners thereof would have if said stock remained in the hands of the parties hereto, or their assignees," with certain additional provisions not necessary to be considered here.
Acting under said agreement Mr. Carter, the owner of 50 shares, transferred these shares to said trustees; Mr. Lodge transferred 322 shares of his stock; and Mr. Lewis the owner of 350 shares (the company consisting of ?50 shaies only), transferred his stock to tlie t? ustees.
The agreement speaks for itself. It is apparent that under the same Messrs. Lodge and Carter transferred " the