ABDUL LATIF JOJO
V.
ALFRED AUGUSTUS COLE & PHILIP BARDA WIL

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Agreement to make lease-specific performance of contract variation between offer and acceptance-offer and counter-offer time as of the essence of the contract.

The 1st defendant agreed verbally to lease certain premises to the plaintiff. The plaintiff subsequently wrote to the 1st defendant setting out the terms of this agreement and the 1st defendant replied stating that the plaintiff’s letter had contained the substance of the agreement. The learned trial Judge held that , there was a substantial variation between the conditions given in one letter and the details given in the reply. This variation consisted in the fact that, in the plaintiff’s letter, it was stated that the agreed rent was to be paid after execution of the legal document,” while, according to the 1st defendant’s reply, the rent was to be paid” immediately the lease was executed.” There was a delay in executing the lease owing to the fact that the first instrument prepared did not contain the boundaries and …