Perreault, June v Derrick Fearon, Arlene Gaynor

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. P-078/2002

BETWEEN JUNE PERREAULT CLAIMANT

AND DERRICK FEARON 1" DEFENDANT

AND ARLENE GAYNOR 2ND DEFENDANT

Mr. Manley Nicholson instructed by H. Charles Johnson & Co. for the Claimant.

Defendants not appearing and unrepresented.

October 24 & 25 and November 24,2006

McDONALD-BISHOP, J. (Ag.)

1. The claimant is an American citizen. On or about the 23'* June, 1999, she

entered into a written agreement with the first defendant to purchase from him an

apartment at premises known as 209 Carib, 0cho Rios, St. Ann. The fast defendant

was at all material times the owner and vendor of the said premises. The second

defendant was the attorney- at-law with carriage of sale. Ill- advisedly, she acted for

both vendor and purchaser in the transaction.

2. The agreed purchase price was US$50,000.00 which was stated to be, for the

purposes of stamp duty, the equivalent of JA$1,900,000. It was a term of the

agreement that a deposit of lo%, being US$5000.00, was payable on the signing of

the contract, a further payment of US$10,000.00 should be paid within four weeks of

the signing and the balance of US$35,000.00 payable on or before the 30th

September, 1999. Completion was scheduled for ninety days upon payment in full of

the purchase price and costs of transfer payable by the purchaser in exchange for the