John Anthony Nekrews And Caroline Nekrews Against Pmac Scientific Limited

JurisdictionScotland
JudgeSheriff Principal D C W Pyle
Neutral Citation[2018] SAC (Civ) 29
Date19 November 2018
Docket NumberABE-CA23-17
CourtSheriff Appeal Court
Published date22 November 2018
SHERIFF APPEAL COURT
[2018] SAC (Civ) 29
ABE-CA23-17
Sheriff Principal Pyle
OPINION OF THE COURT
delivered by SHERIFF PRINCIPAL DEREK CW PYLE
in the appeal in the cause
JOHN ANTHONY NEKREWS AND CAROLINE NEKREWS,
Tigh Mara Bruntland Road, Portlethen, Aberdeen
Pursuers and Appellants
against
PMAC SCIENTIFIC LIMITED,
PMAC House Greenhole Place, Bridge of Don Industrial Estate, Aberdeen
Defender and Respondent
Pursuers and Appellants: Garioch (sol adv); Gilson Gray
Defender and Respondent: Reid; Aberdein Considine
19 November 2018
[1] In June 2016, the parties entered into a share purchase agreement whereby the
respondent purchased the issued share capital of Gamm@Chek International Limited, a
company which specialised in flood member detection services to the oil industry. The
contract provided for payment of elements of the purchase price at varying times and on
varying conditions being met. The initial element of the price was paid on completion.
The next element, referred to as “the Secondary Consideration”, was not paid when due. In
this action the appellants demand payment of that sum. In response, the respondent avers

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