McWilliams v. Altemus

Opinion by

Mr. Justice Kbphart,

This was an action to recover damages for breach of contract. Briefly, it was agreed a company should be organized to take over defendant’s business and assets: Preferred stock was to be issued to him for the value of his property. Plaintiff was to receive the common stock, and to assume the active management of the company. Defendant declined to proceed with the contract. No company was organized, and consequently no com mon or preferred stock was issued. This action was then brought.

The only question at issue in the court below was the measure of damages…