Goebbel v. Gross

The facts with respect to this suit are fully set forth in the opinion of Mr. Justice Noonan, of this court, denying plaintiff’s motion for summary judgment (Goebbel v. Gross, 151 Misc. 512). That motion was denied upon the ground that plaintiff has no cause of action. As appears from the opinion, plaintiff sues defendant for an alleged breach of contract to purchase certain shares of stock. Fraud is not alleged. Mr. Justice Noonan stated inter alia: “ Plaintiff must fail, however, because he is unable to perform his part of the contract. The shares of stock which he now tenders to the…