John v Goddard

• Jurisdiction: St Lucia
• Judge: Louisy J.A.,Lewis, C.J.,Cecil Lewis, J.A.
• Judgment Date: 10 September 1971
• Neutral Citation: LC 1971 CA 19
• Docket Number: Civil Appeal No. 2 of 1971
• Court: Court of Appeal (Saint Lucia)
• Date: 10 September 1971

Court of Appeal

Lewis, C.J., Lewis, J.A., Louisy, J.A. (Ag.)

Civil Appeal No. 2 of 1971

John

and

Goddard

Appearances:

E.H. Giraudy for the appellant.

M. Gordon for the respondent.

Contract - Option to purchase — Specific performance,

Louisy J.A.

1 This is an appeal from the decision of Mr. Justice Renwick (Ag.) in which he gave judgment for the plaintiff/respondent and ordered specific performance of an option to purchase, contained in a lease dated 12th July, 1965.

2 The appellant is owner of a small estate in the quarter of Laborie as Petit Trou. He is also a shopkeeper. The respondent is a proprietor and merchant. In the course of his business which took him to the village of Laborie he used to sell goods to the appellant and his wife.

3 In July 1965, the respondent had a conversation with the appellant concerning land. He states that some time in 1964, the appellant had asked him if he was interested in buying some land. At a later stage, the appellant he said, offered to sell him some land and took him to the land to look at it. The respondent at the time the offer was made said he was not in a position to buy the land but suggested that he be given a lease with an option to buy. On this point I wish to refer to the evidence of the respondent: “I was to pay so much a year for 5 years with an option to renew for a further 5 years and an option to purchase. The option to purchase was $60.00 a year for the 5 years and the purchase price of the land was $3,000.00. The option to purchase was exercisable at my discretion.” Some time after this conversation, a lease was drawn up by the late Maurice Mason, Notary Royal, and signed by appellant/respondent and the Notary. The respondent some time later, by letter dated 30th February, 1970 informed the appellant that he intended to exercise his option to purchase and asked the appellant to fix a date to finalize the sale. The appellant did nothing and on the 24 ^th June, 1970 there being no arrears of rental, the respondent said he tendered to the appellant's wife the sum of $3,000 the purchase price of the property mentioned in the lease. The appellant's wife refused the money. Thereafter the respondent issued a writ against the appellant for specific performance and damages for breach of contract.

4 The cross-examination of the respondent reveals that this lease produced was signed at the home of Mr. Testanier, a Justice of the Peace, at Laborie. It was signed also by the appellant and the respondent and that lease was not signed before the Notary Royal Mason in Castries.

5 The appellant in his evidence states that some time in July 1965 he had a conversation with the respondent concerning this piece of land at Laborie and the respondent asked him to lease a piece of the land for 5 years to build a house for his children to come to Laborie and spend the holidays there.

6 I refer to the relevant part of what the appellant said took place at that conversation. This is what he said:

“He told me how much money I asked for leasing the land. I told him I don't know nothing about price for I never lease land for nobody. Then he told me let us put it $60.00 per year. He told me that will come $300.00. He told me when that 5 vears due, if it is my intention to lease again for another 5 years he will make another paper, and if I have to sell one day to give him the preference. Then he told me again suppose you are going to sell how much money you think you will ask. I told him, ‘Mr. Goddard, I am not selling my land.’ He even told me again, ‘even you are not selling you can put a price on it. He told me that does not mean nothing, you can put a price on it. I said no, he told me again let us put it $2,000.00. I did not answer him. He said $2,000.00 is too low, make it 3. I did not answer him. I told him I am not selling. The wife took a sheet from a pad paper and gave it to him. He wrote on that sheet of pad paper. Mr. Goddard and I went to Mr. Testanier, the J.P. This was on the same day Mr. Goddard wrote on the pad paper. I went to Mr. Testanier to sign the paper. I told Mr. Testanier to look at the paper to see if it is good. If it is good, sign it for us. I told Mr. Testanier what me and Goddard had agreed in the shop. I signed, Mr. Goddard signed, and Mr. Testanier signed. We went back home. When we reached home, Mr. Goddard asked me for the paper. He said he will bring it to Castries, type it and bring it back. I gave it to him. He stayed 3 years before he brought it back to me. I never told Mr. Goddard that if he wants to buy the land at any time in the 5 years I will sell it to him. I never at any time sign a document before the late Notary Maurice Mason. I never signed any typewritten document brought to me by the plaintiff.”

7 Catherine Laurent, the wife of the appellant, gave evidence of a conversation she heard between the appellant and the respondent in the rum shop. This is what she said:

“My husband was leasing Petit Trou lands to Mr. Goddard. The lease was for 5 years; he offered $60.00 per year. After 5 years, if he wishes he will lease again for 5 years. Mr. John Goddard told him if he is going to sell to give him the...