Lord Wrenbary -

On 23rd June 1922, one Chas. Millar executed in favour of the respondent, McBride, a transfer of one share in the appellant company, the Ontario Jockey Club, Ltd. The transfer was presented to the company for registration, but registration was refused on the ground that the provisions of the agreement and bylaw presently mentioned had not been observed. Thereupon the respondent, on 21st November 1923, brought this action to enforce registration. The litigation ran its course, and resulted in an order dated 20th November 1925, and affirmed by the Supreme Court of Canada on 15th December 1926, by which the company was ordered to enter the name of McBride on the register. This is an appeal by special leave from the judgment of the Supreme Court.

The transferrer Millar is not a party to the action. The order under appeal to put McBride's name on the register is necessarily an order to take Millar's name off. Apart from the merits of the case their Lordships, had they been in favour of the respondent on this appeal, would have found difficulty in affirming an order for rectification made in an action to which the transferrer was not a party. But inasmuch as upon the merit