Reports of Cases Adjudged in the High Court of Chancery, Before Sir William Page Wood, Knt., Vice-Chancellor Volume 3

Reports of Cases Adjudged in the High Court of Chancery, Before Sir William Page Wood, Knt., Vice-Chancellor Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: ...in this case, one term of the agreement had been for the execution of a deed containing the same provisions as are contained in the agreement itself, the Court might have decreed the execution of such a deed. Or if the agreement had been, that, in consideration of the Plaintiff assigning to them his patents, the Defendants should form themselves into a registered company, of which the Plaintiff should be a member, --it is not necessary now to determine the point----but it is possible that the Plaintiff would not have had great difficulty in obtaining specific performance. The Court might be inclined to decree specific performance, in order to give to a Plaintiff all the advantages which would accrue from the Company being so constituted as that he could sue it at law. The agreement here is entire, and cannot be divided into an agreement to form a company, and a separate agreement when the company is formed for the purchase by them of the Pla.intifl"s patents, and that he should give them the other benefits which are stipulated on his part. It is clear, that it is agreed that a company should be formed for the purpose of working the patents, and for the other benefits mentioned in paragraphs 10, 12, and 13. His Honour read them. The last provision in the 12th clause is open to the observation, that it may infringe the rule against restraint of trade, not being confined within any limits, either of time or place. It is not specified that these stipulations shall be inserted in the partnership deed, but they are part of the contract on which the parties agree to form themselves into a company under the Joint Stock Companies Act, and agree to pay to the Plaintiff several sums of money, a certain sum immediately, and afterwards a royalty: ...show more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236974093
  • 9781236974099