ABSTRACT
The act relied upon as part performance must lead to the conclusion that a contract exists. An equivocal act will not suffice. For example, payment of a sum of money such as a deposit or first instalment will not be sufficient. In Ram Jeet v Chotelal,62 the plaintiff paid the defendant £534 in cash at the rate of £6 per month in consideration of an alleged agreement by the defendant to transfer to the plaintiff a one-third interest in Crown Lease No 920. In an action for specific performance, the defendant relied on the absence of a note or memorandum in writing. At the hearing, counsel for the plaintiff abandoned the claim for specific performance, apparently accepting that the payment of money could not amount to part performance.63
