Wagner's Estate

Ladner, J.,

Decedent, Louis M. Wagner, and claimant, Humbert R. Powell, executed a written agreement under seal dated June 28, 1917, which recited, in substance, that they together held 51 percent of the Hastings & McIntosh Truss Company’s outstanding stock, and that each desired to continue in control of the company in the event of the other desiring to sell or dying. Each then gave to the other an option to purchase his stock. Paragraph 1 of the agreement covered the procedure where either party desired to *50sell in his lifetime. Substantially the same procedure was agreed on in the case of…