Kelly v. Wehn

Shepherd, District Judge.

The appellee, John R. Kelly, was the plaintiff in the district court, and the appellant, John H. Wehn, was the defendant. The former sued the latter to recover 52 per cent, of the face value of worthless assets — notes and shortages— of the Angora State Bank. It seems that Wehn owned 52 per cent, of the capital stock of said bank and sold it to Kelly under the following contract in writing:

“Angora, Nebraska, August 13, 1919.

“Received of J. R. Kelly of Angora, Nebraska, one thousand dollars, being part of first payment on purchase price of fifty-two shares of the…