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Lyons v. Webster

Appeals Court of Massachusetts
Dec 19, 1997
688 N.E.2d 477 (Mass. App. Ct. 1997)
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Summary

In Lyons v. Webster, 197 Ala. 654, 73 So. 337, it was held that although there can be no rescission of a contract without restoration of all the rescinding party received thereunder, such doctrine does not apply where promoters of a corporation practiced a legal fraud and secured a greater number of shares than they were entitled to, and the corporation then demands return and cancellation of the additional shares.

Summary of this case from Coal Co. v. Petrelli
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Opinion

No. 96-P-2023.

December 19, 1997.

Judgment affirmed.

Summaries of

Lyons v. Webster

Appeals Court of Massachusetts
Dec 19, 1997
688 N.E.2d 477 (Mass. App. Ct. 1997)

In Lyons v. Webster, 197 Ala. 654, 73 So. 337, it was held that although there can be no rescission of a contract without restoration of all the rescinding party received thereunder, such doctrine does not apply where promoters of a corporation practiced a legal fraud and secured a greater number of shares than they were entitled to, and the corporation then demands return and cancellation of the additional shares.

Summary of this case from Coal Co. v. Petrelli
Case details for

Lyons v. Webster

Case Details

Full title:JUDITH Q. LYONS vs. JOHN C. WEBSTER, THIRD

Court:Appeals Court of Massachusetts

Date published: Dec 19, 1997

Citations

688 N.E.2d 477 (Mass. App. Ct. 1997)
44 Mass. App. Ct. 1106

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