Dady v. . O'Rourke
New York Court of Appeals
' Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 3, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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' Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 3, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed because, by the express terms of the contract, the plaintiff was to deposit three-fifths of the entire capital stock .of the Gravesend Hygienic Ice Company, amounting to 720 shares, whereas, under the express allegations and admissions…
1Opinion of the Court
Parker, Ch. J.
Plaintiff and defendant on October 30, 1899, entered into the following contract:
“ In consideration of the sum of one dollar ($1) to me in hand paid, the receipt whereof is hereby acknowledged, I hereby give unto John H. O’Rourke, of the Borough of Brooklyn, City of Yew York, an option to purchase all my right, title and interest in the property and assets of the Gravesend Hygienic Ice Company, including the stock now held and owned by me, either in my name or in the name of any person or persons for my benefit, said stockholdings amounting to. three-fifths of the entire capital…
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