ANTONIO BUTTIGIEG Vs. INEZ FAIZON

JUDGEMENT

(1.) This is an appeal from a judgment dated 3 December 1916, of the Court of Appeal of Malta affirming the judgment of the Commercial Court of Malta dismissing the claim of the appellant for the rescission of a contract dated 16 January 1944, made between the appellant and the respondents.

(2.) It appears that Carmelo Bonavia and Salvatore Quintano were partners in equal shares in a concern known as "Palais de Danses" carried on at lease-hold premises No. 84, Strait Street, Valetta, and held in their joint names as one of the partnership assets a permit to hold public dances issued by the police on 29th September 1925. On the death of Quintano, the respondents became entitled to his moiety in the concern and on 18 January 1944, entered into an agreement with the appellant for the transfer of that moiety to the appellant.

(3.) The agreement provides that by virtue of it the respondents transfer to the appellant for the sum of ?700 a moiety of the concern, goodwill and all other rights, licences and permits relative and inherent to the concern subject to certain conditions. The first condition is to the effect that the conveyance is absolute and comprehensive. The second condition opens by stating that the sum of ?700 has been paid to Mr. Bonello, Legal Procurator.