4 N.J. Misc. 310 | N.J. | 1925
This is an appeal from a judgment of the District Court of the city of Hoboken. The defendant below is the appellant. The suit was instituted upon a contract in writing, which reads as follows:
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It is understood and agreed that the certificates will be issued as soon as available provided the purchase price as aforementioned has been paid in full.
It is also understood and agreed that in the event proceedings to change the name of the corporation be commenced, that the shares purchased as aforementioned will be issued after proceedings to change the name have been completed, and that the certificates will. then be issued in the new name.
In consideration of the agreement aforementioned, the said corporation hereby agrees to transfer the stock to the purchaser.as aforementioned, upon performance on the part of the purchaser of the terms hereof.
Jambs J. Taverha,
Purchaser,
Residence, 134 Central Ave., W. H., N. J.
The Gkicheield Co., Inc.,
By JOHisr C. Loeeeler,
President."
The plaintiff tendered the stock mentioned in the agreement to the defendant, who refused to accept the same. The plaintiff sought to recover the full purchase price of the stock in an action instituted in the District Court of the city of Hoboken. The plaintiff claimed that, by virtue of the contract and the tender of the stock to the defendant, the defendant became liable for the full purchase price. This theory of the case was accepted by the District Court, which gave judgment for the full purchase price. The District Court held that, by virtue of the above agreement, the de
The result which we have reached on this point makes it unnecessary to consider the other ground for reversal urged by the appellant. The judgment is reversed. The case is sent back to the District Court of the city of Hoboken for retrial.