Court case. limited the application of promissory estoppel, as he expounded the doctrine, to ensure that it did not displace the doctrine of consideration. v. His Lordship's solution of the problem was to hold that the promise should not itself be a cause of action, but merely the foundation of a defensive equity.
In other words, it can provide a defence to a claim, but cannot be used as a cause of action. In a belated attempt to cloak the court's findings with a modicum of propriety, Combe now argues that his posture should be construed as that of a creditor of the Corporation. He declared a corporation in good standing a partnership and then proceeded to dissolve it when neither party had sought that relief. The judgment rendered was captioned a declaratory judgment, but no declaratory relief had been sought. The two principal assets of the Corporation consisted of the Roy unit and the Riverdale unit, two drive-in restaurants under leasehold. As a result of this, the wife decided not to apply to the Divorce Court for a maintenance order. His prayer for relief asked for the statutory penalty pursuant to U.C.A., 1953, § 16-10-47(c), (10% of the value of the shares or $5,000, whichever is the lesser amount) and for an order requiring the Corporation to produce its books and records.In Warren's Family Drive-Inns, Inc. v. Combe, et al., the Corporation sued Combe as a member of the board of directors of the Corporation and its former president, alleging six separate causes of action.
JISCBAILII_CASE_CONTRACT Neutral Citation Number: [1854] UKHL J5010 ER 868, (1854) HL 185, (1854) 5 HL Cas 185 THE HOUSE OF LORDS 07 June 1854 _____ Between: W. P. JORDEN, and LOUISA, his Wife, Appellants v JAMES WILLIAM BAYLEY MONEY Respondent _____ This was an Appeal against a Decree originally made by the Master of the Rolls, and afterwards affirmed on appeal in the Court of … You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × The *735 relief sought included (1) production of corporate books and records; (2) reimbursement of corporate funds expended by the Corporation for the use and benefit of Combe; (3) an injunction against Combe from future use of a corporate logo as well as damages for its past use; (4) the reasonable rental value for use of corporate real property and improvements and determination of duration of rent for that property; (5) judgment for rental amounts received by Combe from third parties on corporate property; and (6) attorney fees.Combe's case against the Corporation was dismissed at the end of the consolidated trial.
The corporate form on a day-to-day basis was more or less ignored by Taggart and Combe. In Combe v Combe Denning L.J. Hughes v Metropolitan Rly co (1877) 2 App Cas 439. This is a contract case where the court held that consideration is an essential element of a binding contract.
Setting a reading intention helps you organise your reading. v.
I agree Ward v Byham (1956) 2 All ER 318, CA. He distributed the assets of that corporation without following the statutory procedure in cases of involuntary dissolution. Neither party requested a dissolution of the Corporation, let alone a partnership. Combe v Combe [1951] 2 KB 215.
Some time later the Corporation embarked upon the remodeling of the Riverdale unit at an estimated cost of $68,000, but that plan was abandoned when it was discovered that the foundation was termite-infested.
In my opinion, between Ward v Byham (1956) 2 All ER 318, CA and Combe v Combe (1951) 1 All ER 767, CA. Citations: [1951] 2 KB 215; [1951] 1 All ER 767; [1951] 1 TLR 811; (1951) 95 SJ 317; [1947-51] CLY 3033. However, she made this decision independently – not in return for the husband’s promise to pay or at his request. Combe definition is - a deep narrow valley.
Central London Property Ltd v High Trees House Ltd [1947] KB 130. The husband never made the payments. That judgment does not respond to any of the issues presented for determination.
The uniform real estate contract and closing statement for the purchase of the land, as well as the warranty deed, showed the Corporation as the buyer. It was therefore not good consideration. Combe suggested that the Corporation buy the land, raze and rebuild the drive-in at an estimated cost of $350,000, but Taggart refused to underwrite and personally guarantee a loan to finance an undertaking of that magnitude. Rule 54(c)(1), Utah R.Civ.P. Counsel has not briefed us on the remaining two issues on appeal, whether it was error to dismiss from the suit parties against whom a default had been entered and whether attorney fees could have been properly granted to the Corporation. The trust deed and note were signed by Combe as president of the Corporation. Currie v Misa 1875. After the mother was made to leave the home the child in fact stayed with the father until July.
In-text: (Currie v Misa, [1875]) Your Bibliography: Currie v Misa [1875] Exch 153 LR 10. Curran v. Mount, Ala., The case before us (Warren's Family Drive-Inns, Inc. v. Combe, et al.) Judgment in accordance with the findings was entered over his objections. Keith B. COMBE, Plaintiff and Respondent, Middle English coumbe, cumbe, from Old English cumb, of Celtic origin; akin to Welsh cwm valley Here, a wife started proceedings against the husband for divorce and she obtained a decree nisi against the husband.
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