Stolp v. Reiter

I. M. Olsen, Justice.

Plaintiff appeals from a judgment in favor of the defendant, entered on April 29, 1935.

1. The case has. had a history extending over some time. The action was originally brought by the plaintiff to recover a balance of some $18,000 alleged to be due him from the defendant on the sale by him to defendant of approximately one-half of the capital stock of the Rochester Grocer Company. The defendant answered, pleading payment. There was also a counterclaim, not litigated and not here important. There was a trial of the action, and in the course thereof a controversy arose and…