Cook v. Gardner

CROCKETT, Justice.

Plaintiff sued the widow and executrix of his former business associate to compel transfer to him of 125,000 shares of stock of Eula Belle Uranium Mining stock. From decree for plaintiff, defendant appeals.

Defendant makes four points of attack upon the judgment: A. Res judicata; B. Allowing an alleged disqualified witness to testify; C. Insufficiency of the evidence; and D. Failure to prove defendant had not performed.

Plaintiff Fred Cook and defendant’s decedent, Leonard E. Gardner, had been business associates dealing in mining stocks, particularly in uranium stocks during…