Themehelp Ltd v West and others

Themehelp Ltd v West and others - 1995 - Weekly Law Reports [1995] 3 WLR 751-772(22) .

CA 6 April 1995. Dismissed the appeal of the sellers who asked for injunction against applying performance guarantee to be lifted. The buyers had purchased a business for £1.6m, after the first of three installments had been paid they alleged fraudulent misrepresentation by the sellers and sought a rescission. The third (unpaid) payment of £775,000 was secured by a third party performance guarantee, it was this payment that the sellers sought.


FRAUD
GUARANTORS
MISREPRESENTATION
PERFORMANCE GUARANTEE
THEMEHELP LTD V WEST AND OTHERS