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