The plaintiff brought an action for specific performance of an agreement of purchase and sale for a residential property.
The defendant vendor, who was the ex-partner of the plaintiff's brother (the true purchaser), had returned the deposit after facing persistent harassment and pressure from the brother.
The court found that the return of the deposit constituted a repudiation of the contract which was accepted, bringing the agreement to an end.
The plaintiff's motion for summary judgment was dismissed, the defendant's cross-motion for summary judgment was granted, and the action was dismissed with substantial indemnity costs awarded to the defendant due to the brother's reprehensible conduct.
