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Violation of the Agreement in Brosius-Eliason Company - Assignment Example

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The paper presents Eliason family and Brosius families that own shared in Brosius-Eliason Company, a building and materials company. In the company, James Eliason and his sister Sarah Englehart hold the company’s controlling back whereas the remaining shares were owned by Frank Hewlett…
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Violation of the Agreement in Brosius-Eliason Company
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A proxy is evidence of an agent’s authority to vote for another person’s shares only if the shares to be voted for are identified in the document. If it is not then it is revocable. The court of the trial held that the rightful holders of the office are those people who are elected in the written consent. It reasoned that the consent was effective if only Sarah’s votes counted towards the majority side and her vote could only be counted is her agreement with James did not bind them.

For an individual to act effectively as a proxy, a document must identify the shares that are to be voted by the agent. Proxies are usually revocable unless they are able to satisfy the requirements. A duly proxy that can be executed is only irrevocable if it states that it is irrevocable and only if it is coupled with a sufficient interest in law supporting a power that is irrevocable. The court ruled that James had no power to vote for his share by the time he made a contract with Sarah. Basing on the foregoing, we hold that the proxy James gave to her daughter- Louise, failed to satisfy all the requirements of a proxy hence it was revocable.

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