A Selection of Cases On the Law of Contracts volume 1

Cover A Selection of Cases On the Law of Contracts volume 1
A Selection of Cases On the Law of Contracts volume 1
Keener, William A. (William Albert), 1856-1913
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And observe, giving them up while the shareholders who were not at the meeting would retain their causes of action, if they had any. How can it be said therefore that there was any agree- ment to give up the claims of all the shareholders for whose benefit the agreement was entered into ? It seems to me that SEC. II/. ] MILES V. NEW ZEALAND ALFORD ESTATE CO. 577 there is strong evidence to show that there was no intention on the part of the shareholders to give up their rights. Therefore, looki...ng at tlie circumstances of the case it appeals to me im- possible to conclude that the shareholders intended to give up anything, or that the company intended to give up anytliing. But then it is said that Mr. Redmayne's affidavit is precise, and that as Mr. Redmayne was not cross-examined it is impos- sible for this Court to come to a conclusion different from that of North, J. Now I confess that has been to my mind the principal question of difficulty in this case, and I should have been better pleased if Mr.

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