Fontana v. Pacific Can Co.

CHIPMAN, C.

Plaintiffs sued to recover a balance due upon the following contract alleged to have been entered into by plaintiffs and defendant on the day of its date:

“Agreement between the Pacific Can Company and Fontana & Co., both of the city and county of San Francisco.

“That the former shall sell to the latter two hundred and fifty (250) shares of the capital stock of the Pacific Can Company, at two hundred (200.00) dollars per share. Payment to be made by the latter’s note for fifty thousand (50,000) dollars, one day after date, with interest at six per cent per annum.

“Both stock and note…