If the tenant covenants to do work, whether of repair1 or of building2, to the satisfaction of a surveyor to be appointed by the landlord, such appointment is a condition precedent to the tenant's liability; but it has been held that, where work is to be done subject to the superintendence of specified persons, such superintendence is not a condition precedent3. Where a surveyor is appointed and expresses dissatisfaction, there is no breach of the covenant on the tenant's part if in fact the surveyor ought to have been satisfied4. Any term which provides that a surveyor's decision or
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