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ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H. ©. or A. Fraud—Damages—Measure of damage—Inducement to take wp shares in company—
1940, Real value—Ascertainment—Subsequent events—Evidence—Admissibility—Com- Ww pany's books and balance-sheet. SypNEy, bois 'The measure of damage in a case in which a person is induced by fraud to peste take up shares in a company is the difference between the amount he paid for the shares and the real value of the shares at the time of allotment, and not Starke, Dixon at any subsequent period, although subsequent events may throw light on 'Williams JJ. the value at the time of allotment.
The admissibility, in an action for deceit, of a company's books and balance- sheet for the purpose of proving the result of its financial operations and, in particular, the value of shares in the capital of the company discussed.
Decision of the Supreme Court of New South Wales (Full Court): Potts v. Miller, (1940) 40 S.R. (N.S.W.) 351; 57 W.N. (N.S.W.) 135, affirmed.
Apprat from the Supreme Court of New South Wales.
In an action brought in the Supreme Court of New South Wales, Robert Gilroy Potts claimed from Hyman Miller on two counts the sum of five thousand pounds.
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