42nd Street Fotoshop, Inc. v. Weimet Film Co.

The first cause of action of the complaint alleges that the individual plaintiff, as a result of fraudulent misrepresentations made to him by the individual defendants, sold certain shares of stock he owned to the corporate defendants at depressed prices. .The agreement of sale attached to the complaint, however, recited that the shares of stock in question, while issued originally to the individual plaintiff, had been assigned to the corporate plaintiff, and that the corporate, not the individual, plaintiff agreed to sell such stock. Plaintiffs seek to explain this inconsistency between the…