Rose v. Foord

— In November, 1882, the plaintiff and defendant’s intestate, N. R. Vail, made an agreement in writing, by which said Vail sold and promised to deliver to plaintiff 18,750 shares of stock in a mining corporation then about to be formed in the state of New York; the shares so to be delivered being one half of the whole number to which said Vail claimed he would be entitled on the completion of the incorporation. The purchase price of the stock — four thousand dollars — was paid by the plaintiff at the date of the contract. The corporation was subsequently formed, but the issuance of its stock…