LA Maison Property Services Ltd v Carib Engineering Corporation Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. L-040 OF 2002

BETWEEN

A N D

LA MAISON PROPERTY

SERVICES LIMITED CLAIMANT

CARIB ENGINEERING

CORPORATION LIMITED DEFENDANT

Mr. Anthony Pearson instructed by Pearson and Company for Claimant

Mr. Garth McBean and Mrs. L. Dayes instructed by Dunn Cox for Defendant

C:

Heard: 17" December 2002 and 5th March, 2004

Hibbert, J

Carib Engineering Corporation Limited, desirous of selling its real property

situated at 82 Hope Road, Kingston 6 in the parish of Saint Andrew, in May 2000

commissioned La Maison Property Services Limited to do a valuation of the property.

After this was done La Maison submitted a valuation report and received payment.

To facilitate the sale, Carib Engineering in or about August or September, 2000

listed the property with several real estate agents including La Maison. Acting on this

no-exclusive listing, La Maison through its agents, erected "for sale" signs on the

property directing enquiries to the ofices of La Maison.

The chronology of events thereafter, according to the documents exhibited, is as

follows:

1. By letter dated 22nd June, 2000 La Maison informs Carib

Engineering that Jennifer and Lloyd Samuda had offered to