Rock v. Gustaveson Oil Co.

In this action damages are sought by reason of the alleged failure of the defendant company, appellant here, to deliver certain of its capital stock purchased by plaintiff, respondent here, at the time stipulated in the contract of purchase. The *401case was before this court on a former appeal. Rock v. Gustaveson Oil Co., 59 Utah, 451, 204 Pac. 96. That appeal was on the judgment roll. The judgment was reversed, and on retrial the court made the following findings

“That on or about August 4, 1919, the plaintiff purchased from the defendant 50,000 shares of capital stock of the defendant…