Elhard v. Rott
North Dakota Supreme Court
Action for the specific performance of a contract for the sale of corporate stock. Appeal from the District Court of Logan County, W. L. Nuessle, J. Judgment for defendant. Plaintiff appeals. The stock here involved had no fixed market value, had never been sold in the open market, and had attached to it nothing by which a basis could be fixed for a suit in damages by reason of a refusal to convey. White v. Schuyler, 31 How.
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Action for the specific performance of a contract for the sale of corporate stock. Appeal from the District Court of Logan County, W. L. Nuessle, J. Judgment for defendant. Plaintiff appeals. The stock here involved had no fixed market value, had never been sold in the open market, and had attached to it nothing by which a basis could be fixed for a suit in damages by reason of a refusal to convey. White v. Schuyler, 31 How. Pr. 38. A written contract for the conveyance of personal property particularly described in the contract will be specifically enforced where the-facts disclose that the…
1Opinion of the Court
Bruce, Ch. J.
This is an action for the specific performance of a contract to sell bank stock. The defendant had agreed to- sell the plaintiff the stock in question at its “book value” at the time of the purchase and the only question which we need to consider is the meaning of the term “book value.” In arriving at the book value of the stock, was it necessary to. compute the accrued interest on the notes which were held by the bank, even though such notes were not due ? And did the books include all of the books .of the bank, or merely the ledger ? In other words, should a note for $500 which…
2Cases cited2 opinions
- Steeg v. Leopold Weil Bldg. & Imp. Co.Supreme Court of Louisiana · 1910
- Cabble v. CabbleAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by9 opinions
- Aron v. GillmanNew York Court of Appeals · 1955
- Rubel, Executors v. RubelMississippi Supreme Court · 1954
- Hagan v. DundoreCourt of Appeals of Maryland · 1947
- In Re Will of RichterSupreme Court of Iowa · 1931
- Hollister v. FiedlerNew Jersey Superior Court Appellate Division · 1952
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