Souder v. Tri-County Refrigeration Co.

The opinion of the court was delivered by

Wertz, J.:

This was an action for specific performance of a contract. The pertinent facts follow.

Defendants (appellees) A. W. Torluemke and P. B. Lindsay, owners of all of the stock of the defendant corporation, Tri-County Refrigeration Co., Inc., had an opportunity to dispose of the assets of their corporation. Through some previous arrangement between Lindsay and W. E. Souder, plaintiff (appellant), Souder, in the event of sale of the assets of the corporation, was to be given the first opportunity to purchase. On June 30, 1961, Lindsay contacted…