High Court of Australia
MALPAS V__OASE. Judgment. Enox C.J.
The respondent aucd the appellant in Rquity (1) for a deo- laration that and agreement of the lth of April 1921 wae. not binding on the appellant and had besn duly reagindsd or in the alternative for rescission of the agrsement by the Court, and (2) for repayment of £3000 paid by the respondents to the appellant in pursuance of such agredment. The ground allegad for relief was that the repondent had been induced to enter into the agreemsnt by representations of fact which were untrue. The agreeneat in question is in the words follow-
ing viz:- "Memorandwa of agreement made the lth day of April 1921 betwaen Edward Malpas of Darlinghurst Sydney gentleman (hereinafter called vendor) of the one past, and Walter Tucker Case, of Darling Point Sydney, builder (hereinafter oalled purchaser) of the other part Whereas the said Vendor is intereeffinder /Sertain memorandum of agreom ment dated 30th March 1921 angnade between the said vendor of the first
part Aloc.Lorimore of the ascond part and Harry Fremantle Davis of the
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2. . third part for the dale of a cepret process for tanning hides sheep & lamb skine and fur skins end known es thefDamas" process now it is : agreed as foliows:- That the seid vendor shall sell and the esid pur-
ehaser ahdll purchase one foutth share of the vendor's interest under
the said agreement 'in the said process for the sum of £3000, Such sum to be payable on the signing hereof."
The sum of £3000 was paid by the respondent to the appellant on the day on which the agreement was signeds
The interest of the appellant under the qreement between Lorimore, Davie, and himself was a one-fourth share in the worlds right: of a certain secret (known as the Demas process, and by that agreement Lorimore and Davis undertook certain obligations with a view to the use of the provess in Austrblia and the sale of the right to use it slsewhar The ground of defence prinoipally relied on was that the agreement maz in question was made in part performance of another agreement between
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