Sagamore Corp. v. Diamond West Energy Corporation and Howard F. Bovers

MANSFIELD, Circuit Judge:

In this lawsuit based on diversity jurisdiction Diamond West Energy Corporation (“Diamond West”) and Howard F. Bovers (“Bovers”) appeal from a judgment of the Southern District of New York, Miriam Goldman Cedarbaum, J., ordering them to transfer 1,985,000 shares of the stock of Diamond East Energy Corporation (“Diamond East”) to plaintiff Sagamore Corp. (“Sagamore”) pursuant to the terms of a written agreement between the parties. Defendants contend that the agreement is unenforceable under New York law, that en-forcment was waived, and that they were excused on…