On a true appreciation of the position, this is not a case in which it can be said that the respondent company has elected between two inconsistent remedies; nor that it has sought to approbate and reprobate.
He is the only Chancery Judge there and what he is saying, I think, at 114 is you cannot approbate and reprobate.
‘If I act any further, I would be seen to approbate with a document that is flawed,’ he stated.
You want to approbate and reprobate, as it were.
Some of them have already been synthesized and approbated , the synthesis and testing of others is still forthcoming.