Wolters v. Fidelity Trust Co.

The opinion of the court was delivered by

Dixon, J.

This suit is based upon an alleged contract, by which the plaintiff sold to the defendant certain shares of stock in the Newark Gas Company, and the defendant paid therefor $155 a share, and agreed that, in case any other shares of stock in that company should be purchased by or on behalf of the defendant at a higher price than that paid to the plaintiff, then the defendant would pay to plaintiff such sum of money as would represent the difference. The declaration sets forth three purchases of stock in said company, by or *131on behalf of the…