D. H. Overmyer Co. v. Brown

McWILLIAMS, Circuit Judge.

The trial court denied specific performance of an agreement to enter into a contract for the purchase and sale of the capital stock of the National Warehouse and Distribution Company, hereinafter referred to as National, and the would-be buyer of the stock now seeks reversal of the judgment dismissing his claim.

D. H. Overmyer Co., Inc., a Colorado corporation, as the assignee of D. H. Ov-ermyer Co., Inc., a Utah corporation, the two corporations being hereinafter referred to either as Overmyer or the buyer, brought suit against Roger A. Brown, individually and as…