Rodziewicz v. Giguere

The plaintiff instituted this action seeking the return of money paid for the purchase of stock in a corporation. The trial court rendered judgment awarding the plaintiff damages plus costs. The defendant appealed, claiming the trial court erred in finding (1) that there was a failure of consideration with reference to the agreement between the parties, (2) that the agreement between the parties obligated the defendant to form the corporation prior to obligating the plaintiff to tender the balance of the purchase price, (3) that the corporation was never formed, (4) that the defendant,…