Shultz v. Manufacturers & Traders Trust Co.

I concur, but with the gravest doubts so far as the bank and its principal officers are concerned. Those doubts arise (a) from certain facts, not fully stated in the foregoing opinion, and (b) from the difficulty of interpreting Wechsler v. Bowman, 285 N.Y. 284, 34 N.E.2d 322, 134 A.L.R. 1337, as applied to those facts.

1. The bank’s position in the sale of the Houde stock was, clearly, I think, solely that of selling-agent for the stockholders. The cases hold that a so-called “option” agreement, containing a provision for a commission to the person named as optionee, is ambiguous and may be…