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PREINCORPORATION AGREEMENT THIS AGREEMENT Made This Day of Form

PREINCORPORATION AGREEMENT THIS AGREEMENT Made This Day of Form

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kelner vs baxter a group of promoters for a new hotel company named Gravesend Royal Alexandra Hotel Company entered into a contract to purchase wine from Mr. Kelner the contract was on behalf of Gravesend but Gravesend hotel company had not been incorporated at the point of time Gravesend was eventually incorporated but by that stage, the wine had been consumed before the money had been paid and Gravesend soon went into liquidation Mr. Kelner hadn't received the payments for the wine that he had sold pay me the money for the wine you purchased the contract had passed by ratification to gravesend and hence we are not personally liable to pay you Mr. Kelner Mr. Kelner filed a case against the promoters it was held that if Gravesend hotel company had been an existing company at the time of entering the contract the persons who signed the agreement would have signed as agents of the company but as there was no company in existence at that time the agreement would be wholly inoperat

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