Wells v. Comstock

By written contract plaintiffs Reynolds and Wells agreed to sell and defendant Comstock agreed to buy 440 shares of corporate stock evidenced by described certificates, and defendant Mendizza guaranteed Comstock’s performance. In this action for breach of contract plaintiffs recovered a money judgment against Comstock based on his refusal to pay the agreed price and against defendant Me'ndizza based on her guaranty.

The principal defense at the trial, and defendants’ principal contention on this appeal, is that the contract is unenforceable because 380 of the shares were illegally issued. The…