GEORGE WIMPEY WEST SCOTLAND LTD v. ALAN JOHN HENDERSON

The Sheriff Principal, having resumed consideration of the cause, varies the sheriff's interlocutor dated 1 March 2010 only to the extent of repelling the fifth plea in law for the defender in the principal action; quoad ultra refuses the appeal and adheres to the said interlocutor complained of ; reserves all questions of expenses.

At first sight this action appears to be a simple one in which a house builder, seeks damages from a purchaser arising out of the latter's failure to pay the purchase price for subjects known as plot 38 Ferry Village , Phase 2 Renfrew. The pursuers contend that they were able to resell the subjects only at a price substantially less then the defender contracted to pay, and seek payment of the difference (�98,000) together with a sum said to be due by way of interest.

The defender founds on the terms of three e-mails which are narrated in the pleadings. They were all sent by Michelle Logie, a sales director of the pursuers to the defender and a fellow investor. The first dated 10 December 2007 states:

"I appreciate that you are currently unable to have the 46 plots in Block B Phase 2 Ferry Village valued at the moment, primarily due to the completion dates being approximately 10 months away which I understand means that you are unable to secure funding as the date of entry is outwith the shelf life offer of loan.

With this in mind I want to give you some reassurance that should the circumstances arise that there are difficulties with the valuations we will find a resolution one way or another and I suggest that against this background I would like to have a "gentleman's agreement" that we will have the valuations carried out in the New Year with a view of having them all back early Feb which will be the basis of any negotiations (if need be). I just want to give you the comfort that in concluding missives now will still allow further negotiations should the valuation necessitate this."