Our Story

47 statement of defence in this matter was pretty

73

Lucy Hundley (the Plaintiff)

(Recalled) Cross-exam by Mr. Davison

1 clear —

2 A Well, it may have been, but I certainly didn’t

3 know during the period of time that the deposit

4 was an issue.

76

Lucy Hundley (the Plaintiff)

(Recalled) Cross-exam by Mr. Davison

38 Q So you’ve got this letter and a pretty substantial

39 change to what you say what was going on before,

40 that all of a sudden the people are — the vendors

41 are no longer — or they — they’re going to sue

42 you, at a minimum, and you have no desire to find

43 out specifics or if you’re even — if you can

44 actually be sued or if you’ve done something wrong

45 or …

46 A Well, I felt what I had done was right.

47 Q Did you ask anybody or …

77

Lucy Hundley (the Plaintiff)

(Recalled) Cross-exam by Mr. Davison

1 A I asked Marny. Nothing. She told me the contract

2 was fine that I — and made the deposits.

Ms.Hundley’s Examination for Discovery February 26, 2009

Page 85

5 613 Q The fact that the Garniers wanted proof that the

6 deposits were made.

7 A I don’t recall that.

8 614 Q Is it possible you did?

9 A It’s possible.

Page 30

15 241 Q Okay. So if you didn’t fulfill part of the contract

16 that you wouldn’t — okay, you wouldn’t have to go

17 through with it?

18 A That’s right, but I was —

19 242 Q Okay.

20 A I went — I wanted the property.

23 244 Q Now, on the bottom of this, there’s a paragraph here.

24 It says, and I’ll read it to you:

25 “In the event the buyer fails to pay the

Page 31

1 deposit as required by this contract, the

2 seller may at the seller’s option terminate

3 this contract.”

4 Do you see that part? Kind of in the middle of the

5 last paragraph.

6 MR. MCKENDRICK: Do you see it there, Ms. —

7 THE WITNESS: Yes. “In the event the buyer fails to pay the