CASE NO. VOL. NO. PAGE
MARY SHELLEY PLAINTIFF
- and -
TERRANCE SHELLEY, Jr., of East Bay, Cape Breton
Regional Municipality, Province of Nova Scotia
DEFENDANT
S.SN. No. 111641 Sydney, Nova Scotia Gruchy, J.
[Cite as: Shelley v. Shelley, 2001 NSSC 193]
HEARD: December 10 & 11, 2001 at Sydney, Nova Scotia
DECISION: December 11, 2001 (Orally)
WRITTEN RELEASE: December 17, 2001
SUBJECT: Bills of exchange; contracts.
SUMMARY: Plaintiff sold defendant (her brother) and her mother her house and property for $40,000.00. She received $25,000.00 in cash and a post-dated cheque from defendant for $15,000.00.
Upon presentment cheque was dishonoured – n.s.f. Plaintiff sued. Defendant claimed he had paid (roughly) $8,000.00, $2,000.00 and $5,000.00 in cash, but could not say when or in what circumstances. Mother paid additional $2,500.00.
ISSUE: Credibility.
RESULT: Defendant and mother had no credibility. Payments as claimed by defendant were not made. Claim reduced with concurrence of plaintiff by $2,500.00 to reflect mother's payment and judgment entered for $12,500.00.
(no precedent value – factually specific)
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