31 May 2013
WELL LOCK LTD v. RESERVE INVESTMENTS LTD
- Citation
- WELL LOCK LTD v. RESERVE INVESTMENTS LTD
- Court
- District Court
- Case number
- DCCJ2111/2011
On the balance of probabilities the plaintiff failed to prove the existence of the alleged Revised Agreement; negotiations remained 'subject to contract' so no binding agreement arose; the letter signed by the defendant's solicitors did not satisfy s3(1) CPO because the solicitors were not authorised to sign as the defendant's memorandum; tender of payment did not amount to part performance; accordingly the plaintiff's claim for specific performance fails and the defendant's counterclaim for return of title deeds succeeds.