8 Dec 1995
CHIU KAM SHUM v. CHAK CHOI KWAN and Another
- Citation
- CHIU KAM SHUM v. CHAK CHOI KWAN and Another
- Court
- Court of First Instance
- Case number
- HCA4895/1992
The 2nd defendant acted without authority from the 1st defendant and the 1st defendant did not affirm the contract; however the provisional agreement together with the inventory schedule constituted a sufficient memorandum under s.3 so that the plaintiff had a binding contract with the 2nd defendant; the plaintiff's claim against the 1st defendant for specific performance was dismissed and the plaintiff recovered against the 2nd defendant for breach with damages to be assessed; the fraud counterclaim failed.