Suttle v Beckles

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Tulloch, J
• Judgment Date: 29 October 1977
• Neutral Citation: BB 1977 HC 43
• Docket Number: No. 776 of 1975
• Date: 29 October 1977

High Court

Tulloch, J. (Ag.)

No. 776 of 1975

Suttle

and

Beckles

C. Asquith Phillips, S.C. for the plaintiff.

H. R. Linton for the defendant.

Contract - Oral Agreement — Sale of Land

Real Property - Co-Ownership — Oral contract for sale of land by one co-owner

Facts: The plaintiff sought the repayment of the sum of $1,300 which he alleged he gave the defendant in part payment of an agreement for sale of certain land — The plaintiff produced in evidence a receipt of the sum mentioned — The plaintiff had also carried out some construction work on the land — As to whether there was an oral agreement between the parties

Facts: The issue was whether an oral contract for sale of property between the plaintiff and the defendant was valid — The property was jointly owned by the defendant and her brother in equal shares

Held: The evidence revealed that there was an oral agreement between the parties as alleged by the plaintiff.

Held: The defendant could not sell the property since she was not the sole owner — Rescission of the oral contract granted.

Tulloch, J

1 Mr. Glenfield Suttle, the plaintiff in these proceedings resides at Hopewell in the parish of Christ Church. The defendant, Lyris Beckles, lives in the neighbouring area of Montrose. Their first meeting occurred about 5 years ago when the defendant's mother was alive and when the plaintiff and his wife used to go and stay at Inch Marlow.

2 Iris Beckles died in the Island on the 11th day of September, 1972 leaving her real and personal estate to her son, Winfield Beckles and the defendant in equal shares. Julian Reifer was appointed sole executor of the testatrix's will, and a grant of probate was made on the 31st May, 1973.

3 The plaintiff contends that sometime in July of that year that he gave the defendant $700 and he received a receipt from her for that amount. Subsequently, on 31 ^st August, 1973, he made a further payment to her of $600. On this occasion it is claimed that the defendant signed a receipt for $1,300; the original one was torn up. These payments, according to the plaintiff, were made in pursuance of arrangements for the purchase of a piece of land which the defendant said she had at Four Roads, St. Philip. The defendant has made a complete denial of these claims and the matter came to a head when Mr. Reifer, the Executor, observed the erection of a groundsel and blocks on the northern part of the testatrix's estate in late 1973. He called a halt to any further development on the land.

4 The plaintiff contends that the defendant failed to complete the sale of the land and repeated requests to hand back the sum of $1,300 paid to her were to no avail. He accordingly seeks in these proceedings the repayment of these accounts with interest.

5 The first question for consideration is whether there was an oral agreement made between the parties to the action in accordance with paragraph 1 of the Statement of Claim. Reference will be made to certain important aspects of this issue including (i) the receipt, Exhibit ‘A’ and (ii) the construction work which had taken place on the land at Four Roads.

6 As to (i) the plaintiff produced in evidence a receipt dated 31st August, 1973 for $1,300 which the defendant admitted contained her signature placed there in circumstances of duress. Her version is that it happened on the particular Sunday night, when she...