Markowitz v. Mayer

The evidence adduced is somewhat vague and confusing. It nevertheless presented a prima facie case for submission to the jury. The complaint should be deemed to have been amended to conform to the proof so far as concerned the lack of an allegation that the stock tendered could not be sold for a reasonable price at the time of the tender. The evidence presented an issue of fact as to whether or not the stock could have been sold at a reasonable price at the time the defendants rejected the tender on November 8, 1929. The evidence likewise was sufficient to justify a submission to the jury on…