GRAY v SMITH

(1889) JELR 80269 (CA)    
Court of Appeal  ·  43 Ch.D. 208 ·  17 Jul 1889 ·  United Kingdom
 · 
Other Citations
43 Ch.D. 208
CORAM
COTTON, BOWEN and FRY, L.JJ
Core Terms Beta
agreement
plaintiff
memorandum
contract
firm
partner
share
stipulation
walker
argument
assets
mr. justice kekewich
opinion
goodwill
liberty
name
4th section of the statute of frauds
absence of express stipulation
alleged stipulation
appellant’s name
bennitt’s evidence
concluded agreement
covenants of the leases
cross appeal of the plaintiff
defendant bennitt
defendant’s name
evidence
existing stock
first appeal
first point
formal agreement
former point
form of the document
going concern
indemnity
levy v
liabilities
material terms of the agreement
present case
property of the firm
sale of the leasehold premises
shape of a proposal
share of the stock
state
trade fixtures
use of that name
use of the name
use of the name of bennittin
use of the name of the firm

MAIN JUDGMENT

COTTON, L.J. :-

The first appeal to be considered is that of the Defendant Bennitt. His first point is that there was no concluded agreement at all, and that the memorandum was only given subject to its being approved by his solicitors. I agree with Mr. Justice Kekewich in thinking that this was not so. The evidence shews that the parties intended to have a formal agreement drawn up, and the drawing it up they would leave to their solicitors. But they did not intend to leave to their solicitors whether they should make an agreement, but only how the agreement they had made should be carried out. Bennitt’s evidence does not appear to me to support his contention, and the form of the document, which is not in the shape of a proposal, but distinctly states an agreement to have been entered into, is strongly against his argument.

The Appellant next contends that the agreement is within the 4th section of the Statute of Frauds as being an agreement relating to an interest in lan…

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