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The company shall, however, have no power to compel them to do so, the company's intention on entering into any and every transaction being to deliver or take up the stocks bought or sold by them." The defenders' evidence that there had been an original agreement that the dealings were to be for differences only did not suffice, in the to presence of the contrary testimony, to In the case of In re Chappie, Ex parte Cochrane and Sons (y), on appeal from the Barnstaple County Court, Yaughan Williams and Wright, JJ., admitted that if one party had a right to call for delivery, the contract would be within the principle which Lord Shand enunciated, and the contract would not be a wagering one.
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