In Re New Eberhardt Company, Ex parte Menzies: CA 20 Nov 1889

The 1677 Statute is complied with if, per Fry LJ: ‘First, there must be at or before the date of the issue of these shares, a contract; secondly, that contract must be duly made in writing; and thirdly, that contract must be filed with the Registrar. Now, all these things must be done or must be in existence at or before the date of the issue. You cannot have a contract filed before the issue of the shares if it is not a contract till after the issue of the shares.’ However, the use of a written offer as a note or memorandum of the contract entered into upon its oral acceptance ‘pushed the literal construction of the Statue of Frauds to a limit beyond which it would perhaps be not easy to go’

Judges:

Bowen, Fry LJJ

Citations:

(1890) 43 ChD 118, [1889] UKLawRpCh 172

Links:

Commonlii

Statutes:

Statute of Frauds 1677 4, Companies Act 1867

Jurisdiction:

England and Wales

Cited by:

CitedGolden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another CA 9-Mar-2012
The court was asked ‘whether a contract of guarantee is enforceable where contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor. It is common in commercial . .
Lists of cited by and citing cases may be incomplete.

Contract, Company

Updated: 31 August 2022; Ref: scu.451865