Mendoza v Salazar

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Moe, J.
• Judgment Date: 10 April 1981
• Docket Number: No. 1 of 1981
• Date: 10 April 1981

Supreme Court

Moe, J.

No. 1 of 1981

Mendoza

and

Salazar

Mr. P. Zuniga for the plaintiff

The defendant in person

Contract - Existence of purported oral agreement for the sale of a pump — Defendant alleged pump was defective — Defendant denied agreement to pay $600 — Finding that plaintiff failed to establish that there was a sale — Judgment for the defendant.

Moe, J.

1 In this matter the plaintiff claimed $600.00 being the price of a pump which he sold and delivered to the defendant and which sum the defendant has failed to pay. The plaintiff's evidence was that on the 25th March last year, the defendant approached him about a pump asking whether he didn't want to sell, lend or hire him one. He told the defendant he would see if he has one at home. Lately that day he sent a message to the defendant that he had one and about 5 o'clock the defendant's son came for the pump. He deliver the pump to the son and told him he was selling it. He did not state a price.

2 According to the plaintiff, he met the defendant about one month after and all the defendant told him was that the pump wasn't working. He sent various messages to the defendant concerning the pump and about two months later, he himself went to the defendant' s house and asked him what happened to the pump. The defendant said he is not going to use it, he is going to carry it back. He the plaintiff said O.K.

3 Three weeks later (i.e. about July) he saw a pump under his mother's house. He took it to the defendant and asked him about it, telling him it was not the plaintiff's pump and that that pump did not have the parts it had when he delivered it to the defendant. Both the defendant and his son said it was the plaintiff's pump. The son said that only the pipe is missing. The defendant told the plaintiff to do what he want, he was not going to pay the plaintiff. So he went to the Sergeant of Police. He left the position like that for a long time.

4 Later on, the defendant called him and said he was going to pay him for the pump. He told him he wanted $600.00 for the pump. The defendant said that was too high. He wanted it for less. He contacted the defendant on further occasions and on the last occasion which was around September according to him the defendant did not say he wasn't going to pay $600.00. He said that on this last occasion he sent a note by his son to the defendant who sent him $50.00 with a message that he should go for the pump. He sent back the $50.00.

5 The defendant in his evidence admits he contacted the plaintiff about a pump. The...