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Colonial Cases

Davie v. Greaves, 1893

[specific performance]

Davie v. Greaves

Supreme Court for China and Japan
Hannen CJ, 20 July 1893
Source: North China Herald, 21 July, 1893

Shanghai, 20th July
Before N. J. Hannen, Esq., Chief Justice.
  This was an action for the specific performance of a contract relating to shares in the s.s. Ella.
[Not transcribed.]
His Lordship said - I think the plaintiff is entitled to succeed. It was in my opinion clearly an offer, which would have been entertained as such, for when a man says, "Your share would be Tls. 1,800 and that is what I can offer you for your share; kindly let me know if you will accept," no ordinary person would take this as anything but an offer.
  Then comes the answer, "I am instructed to accept your offer and on receipt of the above sum and a complete release to Mr. Davie from all share and liability in the ship, I shall be pleased to hand you Mr. Davie's scrip," and that as Mr. Wilkinson says may be construed as I at once say it can be construed, as a request to get the release from the time of the acceptance of the offer to its actual completion, and as it can be read that way it  seems to me reasonable that it should be.
   Now what under the circumstances might be done would be to give judgment for the whole sum, but I do not think that would be fair. It seems to me that this Tls. 2,212 ought to be taken as the basis. Mr. Greaves said that this is taken from the books, and he has worn to it, and therefore that sum ought to be taken. Deducting Tls. 198, which I make to be Mr. Davie's share of the loss, there will be judgment for Tls. 1,602 and costs.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School