Stanley Quammie v Anthony Dacon
| Jurisdiction | St Vincent and the Grenadines |
| Judge | THOM, J |
| Judgment Date | 23 September 2008 |
| Judgment citation (vLex) | [2008] ECSC J0923-1 |
| Court | High Court (Saint Vincent) |
| Date | 23 September 2008 |
| Docket Number | CIVIL CLAIM NO. 315 OF 2004 |
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
HIGH COURT
CIVIL CLAIM NO. 315 OF 2004
Appearances: Mr. S.E. Commissiong for the Claimant
Mr. R. Williams for the Defendant
This is a claim for damages for breach of a contract for the sale of goods.
During September 2003 Stanley Quammie agreed to purchase a Jeep Wrangler vehicle from Anthony Dacon for the sum of $30,000. On 26th day of September 2003 he made a deposit of $5,000. On October 3, 2003 the vehicle was delivered to him. On 4th October 2003 he paid the remaining $25,000. Subsequently a dispute arose between Stanley Quammie and Anthony Dacon about certain defects which Stanley Quammie alleged Anthony Dacon had agreed to fix prior to delivery. Stanley Quammie also alleged in his statement of claim that he agreed to purchase a 1993 Jeep Wrangler with a brand new 1995 engine but the vehicle that was delivered to him had a Four Wheel Drive lever and knob, and fuel pump of a Jeep CJ series 1980–1986.
Stanley Quammie instituted these proceedings in June 2003 in which he sought the following reliefs:
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(a) Damages for breach of contract.
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(b) Loss of use for 100 days at the rate of $125.00 per day.
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(c) Costs.
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(d) Such further or other relief.
Anthony Dacon in his defence alleged that Stanley Quammie agreed to purchase his 1993 Jeep Wrangler which had a 1995 engine. He denied he agreed to sell the vehicle with a new 1993 engine. Stanley Quammie agreed to purchase the vehicle after he had inspected it on three occasions. He denied the defects as alleged and that he agreed to fix the defects as alleged save to provide a side window for the roof, affix the four wheel drive knob to the lever and fix the grill for the speaker boxes and install the original speaker boxes. These were fixed and the window and knob delivered on January 12, 2004.
The issues to be determined are:
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(a) Whether the sale of the jeep was a sale by description within the meaning of Section 15 of the Sale of Goods Act Chapter 115.
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(b) If it was a sale by description whether the jeep that was delivered was in accordance with the description.
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(c) Whether there was an implied warranty or condition as to fitness for a particular purpose within the meaning of Section 16 (a) of the Sale of Goods Act.
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(d) If the vehicle is not in accordance with the description and or were not fit for the particular purpose what remedies are to be awarded to Stanley Quammie?
Stanley Quammie and Anthony Dacon testified. No witnesses were called by either party.
Stanley Quammie in his evidence stated that in September 2003 he agreed to purchase from Anthony Dacon a 1993 Jeep Wrangler with a brand new 1995 engine for the price of $30,000. He inspected the vehicle on three occasions. He drove the vehicle to a garage and placed the vehicle on a ramp where he inspected the bottom of the vehicle. He drove the vehicle to his home which is on a steep hill. He wanted to see if the vehicle could go up the hill. The vehicle stalled at the top of the hill. He observed there were certain defects, namely:
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(a) Rear view mirror needed to be installed.
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(b) Four wheel drive knob needed to be replaced with correct shift pattern.
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(c) Four wheel drive indicator needed to be fixed.
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(d) Rotten speaker grill needed to be replaced.
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(e) Oil leak needed to be fixed.
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(f) New drive belt to be provided along with complete soft top.
Anthony Dacon agreed to fix the defects. A deposit of $5,000 was made and it was agreed that the remainder would be paid when the defects were fixed.
On October 3, 2003 Anthony Dacon delivered the vehicle and assured him that the defects were fixed save for the rear view mirror and a side window which he was unable to locate at his home. He observed that the speakers and amplifier were removed. On 4th October 2003 he paid the remaining $25,000 to Anthony Dacon.
He examined the vehicle on the 5th and 6th October 2003 and he observed that save for the speaker grill none of the other defects were corrected.
On October 7, 2003 he visited Anthony Dacon and told him about the window and that the spare wheel did not have a "mag rim" like the other wheels.
On October 14, 2003 he discovered the starter motor was not working. He reported it to Anthony Dacon who had it fixed. It is now working but not properly since only one bolt holds it in place instead of two.
On October 23, 2003 he drove the vehicle to a petrol station at Fountain, to his insurers and back to his home. He was forced to discontinue the insurance because the vehicle was not road-worthy. On January 12, 2004 he received from Anthony Dacon a mirror, window, and a four wheel drive knob. Neither the mirror nor the four wheel drive knob could be installed.
The vehicle now has the following defects:
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(a) Starter motor is faulty.
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(b) Emission system not hooked up.
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(c) Make shift fuel system too close to exhaust manifold.
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(d) Smell of gas under the hood.
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(e) Instrument cluster housing is damaged.
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(f) Spare wheel is different size to other wheels.
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(g) Four wheel drive indicator is defective.
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(h) Emergency brake light is on permanently.
Under cross-examination Stanley Quammie agreed that he did apprenticeship as a mechanic for approximately three years. He worked as auto mechanic in the United Kingdom for several years and also as an auto mechanic at Hertz trucking in the United States of America for several years. He agreed that he inspected the vehicle on three occasions. He examined the engine and other parts including the floor of the vehicle.
Stanley Quammie also agreed that he requested the original size speakers to be put into the vehicle but stated that he told Anthony Dacon that he would pay for it.
Approximately one week after delivery of the vehicle he realized that the emission system was defective. He agreed that he knew from the inception that there was no bottom holddown. He also agreed that on October 7, 2008 he told Anthony Dacon to look for the window but he denied that he told Anthony Dacon that he would not use the vehicle until the new year.
Anthony Dacon testified that during September 2003, Stanley Quammie approached him and asked him to sell him his Jeep Wrangler which was a 1993 model with a 1995 engine. Stanley Quammie inspected the vehicle on three occasions including taking the vehicle to his garage where he inspected the bottom of the vehicle. He also drove the vehicle and tested the four wheel drive. After all the inspections Stanley Quammie expressed satisfaction and agreed to purchase the vehicle for $30,000. He made a down payment of $5,000. He requested that the speaker grill be replaced, the four wheel drive knob be affixed to the lever. He knew it was not the original lever nor the original knob. He requested the speaker boxes and the amplifier be removed. They took up the entire trunk of the vehicle. He requested the original speakers be replaced.
The speakers and amplifier were removed and the original speakers replaced. The speaker grill was fixed and the knob fastened to the lever. Stanley Quammie inspected the vehicle and drove it accompanied by his son. He expressed satisfaction and requested that the vehicle be delivered the following day.
It was also agreed that the vehicle would be sold with a full soft top and the bikini top.
The vehicle was delivered with the full soft top but a window was missing. It was rmisplaced in his garage. He indicated he would purchase a new one but Stanley Quammie insisted that he would not use the vehicle until the new year so he should look for the window in his garage.
Some time after the vehicle was delivered Stanley Quammie informed him that the starter motor was not working properly. He had a mechanic repair the starter motor. StanleyQuammie told him to order some original rims for him and he would sell the "mag rims". Fifty-nine days after the vehicle was delivered, Stanley Quammie complained that the volt meter was not working. Also he wanted an extra "mag rim". He no longer wanted the original rims. Anthony Dacon stated that he agreed to have a mechanic "Joe Clarke" fix the volt meter but he refused to provide the "mag rim". Stanley Quammie became upset and demanded a refund of his money.
On December 14, 2003 he received a letter from Stanley Quammie's solicitor complaining of a number of defects which he was being made aware of for the first time.
Under cross-examination Anthony Dacon testified that Stanley Quammie enquired whether he was selling his jeep. He agreed that he told Stanley Quammie he had a 1993 Jeep Wrangler with a 1995 engine. Stanley Quammie asked to inspect it, he agreed and Stanley Quammie inspected the jeep on three separate occasions.
As a result of a request from Stanley Quammie after the vehicle was delivered, on January 12, 2004, a four wheel drive knob, rear view mirror and window were delivered to Stanley Quammie. Stanley Quammie was aware when he inspected the vehicle that the knob was not the correct knob or lever. Stanley Quammie had a Jeep Wrangler. Anthony Dacon denied the jeep had the other defects to which Stanley Quammie referred when the jeep was sold to him.
Having seen the witnesses and having reviewed their testimony I did not find Stanley Quammie to be a credible witness. Stanley Quammie testified that Anthony Dacon agreed to sell him a 1993 Jeep Wrangler with a brand new 1995 engine. Stanley Quammie examined the engine before he agreed to purchase the vehicle. There is no evidence that at the time of the inspection there was a new 1995 engine in the vehicle or that Anthony Dacon promised to purchase a new 1995 engine for the vehicle. Further, Stanley Quammie...
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