Walker, Orville et al v Lawrence, George et al

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO C. L. 1998lW-101 1

BETWEEN ORVILLE FITZROY WALKER 1 ST CLAIMANT

A N D ORVILLE FITZROY WALKER

& MERLE YVONNE SHAW

(Executors of the Will of Newton Eric Walker) 2NDC LAIMANT

A N D GEORGE LAWRENCE 1 ST DEFENDANT

A N D GERDA LAWRENCE 2ND DEFENDANT

Garth McBean and Courtney Bailey for Claimants instructed by DunnCox

Michael Thomas for 1'' Defendant instructed by Huntley Martin

Sale of Land - A~reementn ot signed by both vendors - Whether Part

Performance - Whether Partition of ioint tenancy - Whether False

Representation or deceit bv vendor signing,

BROOKS, J.

HEARD 12'" 13'" 2oth October and 3rd November, 2006

Mr. George Lawrence has a classic case of vendor's remorse. In

February 1990 he signed an agreement to sell a portion of land that he

owi~ed jointly with his wife. The purchasers were Messrs. Newton and

Orville Walker. Mr. Lawrence's wife refused to sign the agreement. There

was an extended delay and by November 1993 Mr. Lawrence no longer

wanted to proceed with the agreement. Whether it was that he believed the