APALOO C.J.: The main facts of this case are not in dispute. One Emmanuel Awuley Lartey owned a plot of building land at Accra. It is plot No. 96, Dzorwulu. The evidence is imprecise as to what his real interest was in this land. He developed it up to a point but ran into financial difficulties and was desirous of disposing of it. He therefore offered it for sale to the defendant, Ayekpa.
The evidence suggests that he took Ayekpa to the land and showed him the uncompleted building. The latter clearly fell for it and was willing to buy it. Lartey offered it to him for ¢8,500 and the defendant agreed to buy it at that price. According to the evidence, it was agreed that the defendant should make a down payment of ¢1,700 against the purchase price, the balance was to be paid on the delivery to the purchaser of the title deed of the land and other muniments of title. The defendant duly made the down payment and Lartey acknowledged this in writing in these terms:
“This agreement made on 9 Oc…