Nielsen v. Swanberg

CAMPBELL, J., pro tem.

This action is for the purpose of recovering the purchase price of certain stock and is predicated upon a clause in a written agreement executed on June 25, 1923, between the Altomont Creamery, Inc., (respondent’s assignor), as the party of the first part, Acme Ice Cream Company, as party of the second part, and C. 0. Swanberg (appellant), as party of the third part, which is as follows: “The Third Party further agrees that at any time prior to July 1, 1926, should the first party not have exercised the option next hereinabove given it to exchange the said preferred…