Hacker v. Kyle

The following opinion was filed April 11, 1933 :

Fairchild, J.

As stated by respondent, the nature of the action is on contract under which the appellant, holding an option on the respondent’s stock in a corporation, and which option he was about to exercise, agreed that the respondent might comply therewith and make a sale without waiver of a claim of fraud, a question as to which had arisen in her mind, and that in the event her claim of fraud was established he would pay her a sum of money to be determined in the manner set out in the contract, referred to in the statement of facts. On March…