Charles v Calderon

JurisdictionSt Lucia
JudgeBishop, J.
Judgment Date29 July 1968
Neutral CitationLC 1968 HC 22
CourtHigh Court (Saint Lucia)
Docket NumberCivil Appeal No. 3 of 1968
Date29 July 1968

West Indies Associated States Supreme Court. High Courtl.

Bishop, J., Peterkin J.

Civil Appeal No. 3 of 1968

Charles
and
Calderon
Appearances:

I. D'Auvergne for appellant.

Respondent in person.

Contract - Breach — The defendant/appellant alleged that she entered into an agreement with the plaintiff/respondent and as a result delivered certain items of jewellery to the respondent with specific instructions. The appellant alleged that the respondent broke the agreement and the appellant claimed the items on their value

Held: The appellant admitted the allegation made by the respondent in court and that there was no reason to interfere with the decision of the magistrate. Appeal dismissed.

Bishop, J.
1

In this case, a statement or claim was filed by Neptima Charles in which she alleged that she entered into an agreement with Francis Calderon, and as a result of the agreement she delivered certain items of jewelry to him with specific instructions. Her allegation is that he broke the agreement and so she claims the earrings or its value and the delivery of the bracelet or its value and the costs.

2

It would seem from the magistrate's notes that the defendant admitted the allegations made by the plaintiff and the two parties themselves, in open court before the magistrate, agreed that the plaintiff would collect the pair of bracelets and her ear-rings and she would pay three dollars to the defendant.

3

In his reasons for his decision the magistrate stated that the parties agreed to a settlement of each other's claim and that in the circumstances he made no order as to costs.

The feel that in the circumstances of this case, there is no reason to interfere with the decision of the magistrate question of costs, and the appeal is accordingly dismissed.

The decision of the decision of the magistrate is confirmed.

ERIC H.A. BISHOP,

Puisne Judge,

4

29h July 1968.

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