'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎178r] (366/1904)

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It would appear that no serious attempt is
made in the Second German Memorandum to
maintain the proposition that Messrs. Wonckhaus
are concerned in the matter as having purchased
a share in the partnership eight months after the
cancellation of the concession. Apart from the
tact that the transference of a share in an extinct
concession could have no legal effect, it is difficult
to see what cause of action, either in contract or
in tort, could exist against the sheikh, at the suit
of Messrs. Wonckhaus, for cancelling a concession
to which they were not parties. It is not dis
puted that Messrs. Wonckhaus were aware, at the
time when they purported to purchase the share,
that the concession had been cancelled. Even
assuming that the cancellation was unjustifiable,
it cannot be disputed that it was effective, and
that the concession came to an end at that time.
If the cancellation was unjustifiable, it might give
rise to a claim for compensation by the persons
who were partners in the firm at the time, but
certainly not to a claim by persons who, with full
knowledge of the facts, purported to acquire a
share months later. Thus, in any case, Messrs.
Wonckhaus have no l and His
Majesty's Government can only regard their
action as an attempt to place themselves in
a position which would enable them to, - bring
pressure on the sheikh. It is noteworthy that an
attempt was made in November 1907 to induce
Nejef to transfer his share to Abdullah (see
Appendix 21), and the fact that the transfer was
to bear a date previous to the contract between
Wonckhaus and Hassan, and therefore previous
to the cancellation of the concession, suggests
that the intention was to retransfer the share to
Messrs. Wonckhaus.
It may also be remarked that the sales of the
share in question by Yussuf to Hassan, and by
Hassan to Brown, were invalid in any case,
because the documents of transfer did not bear
the signatures of all the partners, as was neces
sary under the deed by which Malcolm became a
partner (see Appendix 16).
The concession having been cancelled, and
Hassan having disregarded the warning given
him on the 3rd October, 1907, to remove his
•coolies and gear within ten days, the sheikh was
clearly entitled to take steps to ensure their