Red Hill Outing Club v. Hammond

The Hammonds (defendants) conveyed ski-slope land to Red Hill Outing Club (plaintiff) for nominal consideration in 1979, subject to a deed condition allowing reentry if the club failed for two consecutive years to maintain the property as a ski slope available to town residents; the club stopped free ski lessons after 1989 and didn't operate its rope tow during the winters of 1992-93 and 1993-94, with the slope completely closed the second winter. The Hammonds filed a notice of reentry in October 1994, claiming a two-year breach; the trial court, strictly construing the condition, found the club had substantially complied since the deed only required maintaining the land as a ski slope generally (not specifically operating a rope tow), and ruled the club retained title. The Hammonds appealed.