Case Commentary On Coope V. Eyre (1775)

Lavanya Naugaj, Vivekanand Institute of Professional Studies-TC, Pitampura

Basic Case Details

COURT English Court of Common Pleas

PLAINTIFF Coope (action initiated by)

NAME OF THE CASE

Coope V. Eyre & Co.

YEAR

1788

DEFENDANT

Eyre, Atkinson, Walton, Hattersley, Stephens & Pugh

Facts of the Case

The defendants EYRE & CO. Hired a broker to buy quantities of oil, the other persons who have been mentioned in the above list of defendants, ( Pugh, Hattersley, Atkinson, Stephens & Walton), were to have their respective shares of 1/4th turns of oil that was purchased. This entire transaction was initiated as there was a speculation about the rising of oil price in the future, but in contravention to that, in actuality the prices fell miserably due to which the plaintiff demanded compensation for the losses that he had suffered. The main loophole suffered in this case was that during the formation of the Treaty, the defendants declared that it was a common and personal concern between them and EYRE & CO. as to, in whose name the transactions would take place. But with respect to the plaintiff the transactions were made solely in the name of EYRE & CO. Without any notification regarding the presence of other people along with them. In this case the aggrieved party demanded compensation for the damages support while there was still ambiguity as to the status and relation that persisted between the other persons attached with the defendant, who actually initiated this transaction. The main question raised in this case was whether the plaintiff had any right of action against the other defendants who were not explicitly mentioned in the transaction, or whether the defendants held a relationship of partnership with EYRE & CO.