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Home > Art, Film & Photography > The Law Reports; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection Volume 23
The Law Reports; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection Volume 23

The Law Reports; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection Volume 23


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...appears difficult to limit the clause in the way you propose. Then, again, I contend that there was no complete allotment. The letter of allotment taken by itself is absolute, but it is accompanied by another letter which is the introduction of a new term. It, therefore, is not an acceptance, but a new offer requiring a fresh acceptance by Wallace, and he never did accept. Supposing, however, that there was a contract to take shares, it was voidable on the ground of misrepresentation, and was sufficiently avoided by the letter of the 27th of November. To make a person a contributory under the Companies Act, 1862, s. 23, there must be a binding contract to take shares, which must C. A. be tested by the same rules as any other agreement: Portal v. 1883 Emmens (1). The letter of the 27th of November was a sufficient inre repudiation, and may be supported by any sufficient grounds Petroleum wnic existed, though they may not have been mentioned in it: Company. Cowan v. Milboum (2). Such a repudiation would have been sufficient in the case of a going company: Bwlch-y-Plwm Lead Mining Company v. Baynes (3). The case of Oakes v. Turquand (4) only decides that in the case of a company there must be a repudiation before the commencement of the winding-up, and all I need shew is that I repudiated before that time: Fox's Case (5); McNiell's Case (6). There are early cases which say that steps must be taken to get rid of the shares before the winding-up, but they cannot be reconciled with the decision of the House of Lords in Reese River Silver Mining Company v. Smith (7). Scarf v. Jardine (8) was also referred to. As regards the other Appellants than Wallace there was an understanding between the company and the Appellants that they and Wallace...


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Product Details
  • ISBN-13: 9781154985870
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 322
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1154985873
  • Publisher Date: 01 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 576 gr


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