HENRY BROWNE & SON, LTD. v. SMITH

[1964] 2 Lloyd's Rep. 476

QUEEN'S BENCH DIVISION

Before Mr. Justice McNair

Contract-Non-performance-Party to be sued -Whether contract entered into by defendant, company formed by defendant, or that company acting as agent for defendant. Principal and agent-Sale of goods-Goods supplied to yacht allegedly chartered by defendant to company formed by defendant -Allegation that charter was sham in that defendant was not owner at date of charter, and that contract was concluded with defendant, or with company as agent for defendant. Company law-Sale of goods to company formed by defendant-Whether company a sham and contract was, in fact, concluded with defendant.