Metzler Bros. v. Johnson

In 1927, appellant Metzler Brothers desired' to increase its capital stock from eighty to one hundred twenty-five thousand dollars. Appellee agreed to purchase from Dave A, Moses, president of said corporation, twenty-five shares of said increased stock for $2,500, and delivered his check for said amount to Mr. Moses, as president of said corporation, to be cashed and the money delivered to the corporation for said stock upon the condition that said check was not to be cashed, neither was the money to be delivered to appellant, until and unless the entire $45,000 proposed capital stock had…