Gorer v Lever - National Museums Liverpool

een made as per the Agreement. 60 Lever responded by explaining that his letterwas intended to be the earliest intimation that he was going to exercise his rightafter the fourth instalment to be relieved of the Collection. 61 In quick succession,Lever made his third and fourth instalments, the fourth instalment beingaccompanied by an instruction to sell the whole of the Collection. 62On 8 th July, 1912, Gorer initiated legal proceedings against Lever: ‘Having regardto your specific statements that you had not purchased the Collection you haveas our Client has pointed out in the course of his correspondence with you, soseriously prejudiced his position as to forfeit the right to call upon him to sell theCollection and he has instructed us to institute proceedings.’ 63 The Counselengaged were two legal heavyweights: F. E. Smith (later Lord Birkenhead) actingfor Lever and Sir Edward Carson, who had made his reputation in the notoriousOscar Wilde case in 1895, for Gorer. However, at the eleventh hour on 19 th April,1913, Edgar Gorer withdrew his action, although custody of the Collection prior toits re­sale was a matter for the courts to decide and Mr. Justice Darling found inGorer’s favour. 64 It was at this moment that, through his solicitors, Leverrequested that he be allowed to select a portion of the collection for retention,which Gorer agreed to. 65 Fifty­one items were retained by Lever, the value ofwhich amounted to the £55,000 Lever had already paid in instalments. Gorer60Gorer to Lever, 16 February, 1912, Gorer Papers.61Lever to Gorer, 27 February, 1912, Gorer Papers.62The third instalment was made on 4 April, the fourth on 4 July, 1912.63Harris, Chetham & Cohen, Solicitors, to Lever, 8 July, 1912, Gorer Papers.64‘Law Reports, May 23: Summary of the Day’s Cases’ The Times, 23 May, 1913 p.37 and‘The King’s Bench Division: The Richard Bennett Collection, Gorer v Lever’, The Times, 24 May,1913, p.37.65Simpson North Harley & Co., to Gorer, 24 May, 1913; Gorer agreed on 3 June, GorerPapers.22