Southern-Gulf Marine Co. v. Camcraft: Difference between revisions

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{{Infobox Case Brief
{{Infobox Case Brief
| court                 =  
|court=
| citation             =  
|citation=
| date                 = <!-- example: "April 3, 1974" -->
|date=April 3, 1974
| subject               = Business Associations
|subject=Business Associations
| appealed_from         =  
|appealed_from=
| decision_by          =  
|case_treatment=No
| joined_by            =  
|overturned=
| concurrence          =  
|partially_overturned=
| dissent              =  
|reaffirmed=
| concur_dissent        =  
|questioned=
| overturned            =  
|criticized=
| partially_overturned  =  
|distinguished=
| reaffirmed            =  
|cited=
| questioned            =  
|followed=
| criticized            =  
|related=
| distinguished        =  
|facts=SGM contracted w/ Camcraft to purchase a 156 supply vessel. The K was a form K from Camcraft. K had a provision that said the owner (SGM) was a citizen of the US within meaning of Shipping act of 1916. SGM later told Camcraft that they were a corporation of Cayman Isles of British West Indies, and that would ratify, confirm, and adopt the K. Camcraft defaulted on K obligation.
| cited                =  
|procedural_history=Trial judge held that K needs 2 parties, and SGM was incorporated after signing day of K, so K invalid, and was not a Texas Corp.
| followed              =  
|issues=Can K be found invalid because there was no such Corp. in existence at the time of signing?
| related              =  
|arguments=
|holding=No, D still made agreement & intended to enter into a K.
|judgment=
|reasons=Where a party has contracted with a corporation, and is sued upon the K, neither is permitted to deny the existence . . . of such corp." If situation was reversed and SMG tried to get out of K, Camcraft could hold them to it.
|rule=
|comments=
|case_text_links=
|Court_opinion_parts=
}}
}}
'''Facts''': SGM contracted w/ Camcraft to purchase a 156 supply vessel. The K was a form K from Camcraft. K had a provision that said the owner (SGM) was a citizen of the US within meaning of Shipping act of 1916. SGM later told Camcraft that they were a corporation of Cayman Isles of British West Indies, and that would ratify, confirm, and adopt the K. Camcraft defaulted on K obligation.
'''Procedural History''': Trial judge held that K needs 2 parties, and SGM was incorporated after signing day of K, so K invalid, and was not a Texas Corp.
'''Issue''': Can K be found invalid because there was no such Corp. in existence at the time of signing?
'''Holding''': No, D still made agreement & intended to enter into a K.
'''Reasons''': Where a party has contracted with a corporation, and is sued upon the K, neither is permitted to deny the existence . . . of such corp." If situation was reversed and SMG tried to get out of K, Camcraft could hold them to it.

Revision as of 01:13, September 17, 2020

Southern-Gulf Marine Co. v. Camcraft
Court
Citation
Date decided April 3, 1974

Facts

SGM contracted w/ Camcraft to purchase a 156 supply vessel. The K was a form K from Camcraft. K had a provision that said the owner (SGM) was a citizen of the US within meaning of Shipping act of 1916. SGM later told Camcraft that they were a corporation of Cayman Isles of British West Indies, and that would ratify, confirm, and adopt the K. Camcraft defaulted on K obligation.

Procedural History

Trial judge held that K needs 2 parties, and SGM was incorporated after signing day of K, so K invalid, and was not a Texas Corp.

Issues

Can K be found invalid because there was no such Corp. in existence at the time of signing?

Holding

No, D still made agreement & intended to enter into a K.

Reasons

Where a party has contracted with a corporation, and is sued upon the K, neither is permitted to deny the existence . . . of such corp." If situation was reversed and SMG tried to get out of K, Camcraft could hold them to it.