ABSTRACT
Facts: The appellant sought to obtain a decree for the specific performance of a contract entered into on 29 December 1969 whereby the first-named respondent (hereinafter called ‘Mr Terrier’) purporting to act on behalf of himself and the second-named respondent (hereinafter called ‘Mrs Terrier’) agreed to sell to him a parcel of land in Clarendon for £900. Being desirous of acquiring a lot of land in or near May Pen he called at the office of Mr Terrier whom he knew to be a dealer in real estate. Mr Terrier told him that there was a parcel of land on Manchester Avenue for sale, and that this parcel was owned jointly by him and his wife, Mrs Terrier. The appellant asked to be shown the title to this land whereupon Mr Terrier sent his chauffeur to his home to get it from his wife, having first spoken to her on the phone and advised her that he needed it. The chauffeur returned with the title which Mr Terrier allowed the appellant to examine. Thereafter the appellant inspected the parcel of land and on his return to Mr Terrier’s office an agreement was concluded for the sale of the land to him for £900. Mr Terrier then instructed his secretary, a Miss Young, to issue to the appellant a receipt for £300 being the sum he was required to pay, and did pay, by way of deposit in pursuance of the agreement. A receipt was prepared to give effect to the agreement. Later that day or the following day the appellant received a telegram and a letter signed by Mr Terrier. Mr Terrier’s signature purported to be on behalf of Mrs Terrier. The telegram and letter were to the effect that the price of the land was £9,000 and not £900 and that the contract should be regarded as having been cancelled. By letter dated 2 January 1970 the appellant advised Mr Terrier – not, be it noted, Mr and Mrs Terrier – that if he did not carry out the terms of the agreement he would institute proceedings against him.
Held: Graham-Perkins JA
