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10 Well, I could have.

11 Q And you can see this e-mail says: [as read in]


13 Please call Lucy Hundley at …


15 This number that you said is your friend’s number.


17 … before 2:45 p.m. today, if possible.

18 Apparently, the owners of the property that

19 she wishes to purchase, which is closing on

20 the 2nd of May, which is the day it was to

21 close, have changed their minds about selling

22 the property and have hired a lawyer. She

23 wanted to give you a hands up on this. She

24 said she’s never been in this type of

25 situation and doesn’t know what to do.


27 So it’s fair to say by April 11th you know

28 that the Garniers have changed their mind about

29 selling the property. This is a message from you.

30 And they’ve hired counsel. Is that fair to say?

31 A It’s possible.

32 Q Is there any reason to believe that this is not an

33 accurate note from you?

34 A As I say, it’s possible.

35 Q Okay. But I’m asking you, do you have some reason

36 to tell this court why that would not be accurate?

37 A You know, I don’t recall.

38 Q Okay. So there’s no reason to believe this is not

39 accurate?

40 A No, there’s no reason.

79 Lucy Hundley (the Plaintiff) (Recalled)Cross-exam by Mr. Davison

15 Q Right. It’s fair to say as per this e-mail at

16 page 173 that you knew at a minimum by April 11th

17 that the Garniers had changed their mind about

18 selling the property. That’s fair to say?

19 A Well, that’s — that’s possible.

Lucy Hundley’s Examination for Discovery transcripts Page 83

5 598 Q Okay. But did you or Ms. Morin retain counsel before

6 the closing date?

7 A Well, Ms. Morin suggested that I do see counsel.

Marny Morin notes dated April 11, 2007 is more evidence that Ms. Hundley received the Garniers termination notice, it is also evidence that Todd McKendrick also knew by April 11, 2007 that the Garniers had terminated the Purchase Contract.

296 Marny Morin (for the plaintiff)Cross-examination by Mr. Davison

1 MR. DAVISON: 173, then, My Lord.