25 May 2007
WALL & ANOR V GANNON HC ROT CIV 2006-463-239
- Citation
- openlaw-ce45f1ea_fed7_40f7_9f44_ccd99df1395a.pdf
- Court
- High Court
On the balance of probabilities the defendant did not act fraudulently, the agreement was not avoided because no notice was given under the finance condition and the sale documents read with the memorandum demonstrate an intention that the $37,000 differential operate as a constructive‑trust style arrangement rather than an unpaid part of the purchase price; accordingly the plaintiffs' causes of action fail and judgment is entered for the defendant.