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CHEAPSIDE SYNDICATE LTD.
V.
LEWIS

(1961) JELR 67544 (SC)

Supreme Court 1 Jun 1961 Ghana
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- The Privy Council held that no binding agreement for payment of a one-third share of net profits to the plaintiff existed, as negotiations never resulted in enforceable contract terms after the defendant withdrew their initial offer. - Th

Case Details

Judges:LORD TUCKER JSC, LORD JENKINS JSC , LORD MORRIS OF BORTH-Y-GEST JSC
Counsel:R. MILLNER FOR THE APPELLANT COMPANY,J. G. MONROE FOR THE RESPONDENT.

LORD TUCKER: No question arises on this appeal with regard to the sum awarded for salary, the sole question at issue is whether the plaintiff is entitled to any further relief in respect of his claim to a share of profits. The defendants are a limited company, trading as merchants in Accra. The plaintiff had for many years been employed by the defendants as a district agent at a salary plus residential accommodation. The record does not show what, if any, was the agreement as to salary or how it was fixed.

It seems to have varied from £G400 to £G500 until the last year of his employment when he was credited with £G700, but his salary is irrelevant to any issue in this appeal which relates solely to his claim for a share of profits in addition to salary. In September, 1948, the plaintiff approached Mr. Francois, the defendants’ managing director, suggesting he should have a share of profits instead of salary.

Correspondence subsequently passed between the parties and on the 15th October…

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