Dominion Securities Ltd v Duncan - [1929] NZLR 65

Contract — Agreement between Company and Shareholder to accept Payment of calls by Instalments — Failure of Shareholder duly to pay Instalments — Action under Agreement to recover Overdue Instalments, or, alternatively, Whole of Balance of Calls — Judgment for Instalment — Subsequent Action on further Default to recover Instalment due, or, alternatively, Balance of Calls with Interest — Whether Agreement nudum pactum and not binding on Company — Whether Company entitled by Shareholder's Default to treat Agreement as rescinded — Res judicata.