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Themehelp Ltd v West and others

Language: English Series: Weekly Law Reports ; [1995] 3 WLR 751-772(22)Publication details: 1995Subject(s): Summary: 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.

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.