Summary of Kelner v Baxter case

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Kelner v Baxter (1866)

Principle: a UK company law case, concerning pre incorporation contracts.

Summary of Facts: An agent entered into a written contract on behalf of a company not yet incorporated. He signed it as him acting as an ‘agent’ on ‘behalf’ of the company, rather than as the company itself.

Judgment: He was personally liable on the contract. (Old case) Parole evidence was not admissible to prove he did intend to be bound personally. An agent entered into a written contract on behalf of a company not yet incorporated.
He signed it as himself acting as an ‘agent’ on ‘behalf’ of the company – rather than as the company itself.

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