Tuke v. Mountain States Packing Co.

THE parties here involved are aligned as in the trial court and reference will be made to them as plaintiff, the packing company, and the finance company.

Plaintiff, on February 19, 1931, sued to recover $500, which, he alleges, he paid to the packing company for five shares of common and five shares of its preferred stock in February, 1925. He further alleges that the packing company failed and refused to deliver the stock to him; that in September, 1925, it agreed to give him its notes or interest bearing certificates of indebtedness in lieu of the stock; that after many requests it…