Estate of Meller v. Adolf Meller Co.

OPINION

WEISBERGER, Justice.

This case comes before us on the plaintiff’s appeal from a judgment entered in the Superior Court dismissing plaintiff’s complaint pursuant to Rule 41(b)(2) of the Superior Court Rules of Civil Procedure and granting the defendants’ counterclaim for specific performance of a stock-purchase agreement. We affirm in part and modify the judgment in part. The facts of the case insofar as pertinent to this appeal are as follows.

On August 6, 1969, Max Meller and Robert Meller each owned 375 shares of the Adolf Meller Company (the corporation). The total outstanding shares…