Myers v. Gibson

Opinion by

Mr. Justice Kephart,

Plaintiffs sold to the defendants all the capital stock of the Myers Paving Company, a paving and road building concern. The terms of the writing over which the controversy arose are as follows. Defendants expressly “agree to pay to the parties of the first part [plaintiffs] the said purchase price,” $38,000. This sum was payable in the following manner: $5,000 in cash, $6,000 on the completion of a certain road, and the remaining $27,000 with interest, in two equal annual payments. The $6,000 was to be secured by an order on a sum due from Morris, one of…