HARVEY AND ANOR V. FACEY AND ORS

[Delivered by Lord Morris.]

The Appellants instituted an action against the Respondents to obtain specific performance of an agreement alleged to have been entered into by the Respondent Larch in M. Facey for the sale of a property named Bumper Hall Pen, The Respondent L. M. Facey was alleged to have had power and authority to hind his wife the Respondent Adelaide Facey in selling the property. The Appellants also sought an injunction against the Mayor and Council of Kingston to restrain them from taking a conveyance of the property from L. M. Facey.

The case came on for hearing before Mr. Justice Curran who dismissed the action with costs, on the ground that the agreement alleged by the Appellants did not disclose a concluded contract for the sale and purchase of the property. The Court of Appeal reversed the judgment of Mr. Justice Curran, and declared that a binding agreement for the sale and purchase of the property had been proved as between the Appellants and the Respondent L. M. …