39 explore it.
40 MR. BLANCHARD: My Lord, I think I must join the fray
41 at this point. This seems to be all directed to
42 Mr. Hunter. There is no pleading in the third
43 party notice that alleges a second contract, or,
44 indeed, suggests that the contract between the
45 plaintiff and the defendants is unenforceable for
46 some sort of defect. Frankly, my friend has by
47 specific request seen the original of the document
56 Lucy Hundley (the Plaintiff) (Recalled)Cross-exam by Mr. Davison
1 that all of the parties signed. I have it here.
2 This is really some sort of process of discovery
3 to an issue that’s not relevant from the
4 pleadings. And I agree with my friend,
5 Mr. McKendrick, that this is a substantial waste
6 of the court’s time.
27 Q Okay. Are they the same in your opinion?
28 A No.
58 Lucy Hundley (the Plaintiff) (Recalled)Cross-exam by Mr. Davison
17 MR. DAVISON: Okay. And is it possible that this —
18 certainly, at the one sitting when you put this
19 document together — we’ll say the one that’s in
20 this joint book of documents — that’s what we
21 refer to it as — that’s the only original we have
22 right now, so we’ll refer to that.
23 THE COURT: That’s fine.
24 MR. DAVISON:
25 Q Yes. In the big binder. You recall signing that
26 one. You didn’t sign two at the same time, right?
27 You would recall that?
28 A I don’t believe so.
29 Q Okay. And you don’t recall signing this contract
30 of purchase and sale at a later date?
31 A Well, I don’t — I know that there was signing
32 because of changes to the contract.
33 Q And, but that’s an addendum; is that fair to say?
34 Or do you recall there actually — you resigning
35 another contract?
36 A I don’t recall.
61 Lucy Hundley (the Plaintiff) (Recalled)Cross-exam by Mr. Davison
1 apologize, I think that’s one of them that’s gone.
2 The one that is — excuse me, My Lord, it’s an
3 important document and I do have it at 172, but,
4 unfortunately, it’s been taken out and I just