LONG V. COLE AND ANOTHER

LONG V. COLE AND ANOTHER

The appellant did not establish that the respondents authorised or agreed to the conversion of the shares in the old company to shares in the new company; therefore, he could not enforce payment or claim damages on that basis.

Parties
Appellant: Long; Respondents: Cole and Another
Jurisdiction
Australia
Judgment Date
12 October 1953
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Sale of Shares, Agreement to Purchase Shares, Authority to Convert Shares
Contract Law Sale of Shares Agreement to Purchase Shares Authority to Convert Shares

Case Brief

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Parties

Long

Appellant

Cole and Another

Respondents

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondents were liable to pay for shares alleged to have been sold to them by the appellant upon the agreed terms
  2. 2 Whether the appellant was authorised to convert the old company shares into shares in the new company on the respondents' behalf
  3. 3 Whether the appellant was entitled to recover the purchase price or damages for breach of contract

Ratio Decidendi

The appellant did not establish that the respondents authorised or agreed to the conversion of the shares in the old company to shares in the new company; therefore, he could not enforce payment or claim damages on that basis.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.