Schneider v. Athey

FOSTER, C.

On April 13, 1921, Roy Athey, defendant in error, plaintiff below, purchased from E. L. Schneider, plaintiff in error, defendant below, 134% shares of the capital stock of the First National Bank of Hennes-sey, Okla., for the sum of $25,000, pursuant to a written agreement entered into on said date between the parties. The agreement is attached to the petition, and, among other things, contains the following clause:

“He (Schneider) also agrees with said second party (Athey) the correctness of all balances on the books and accounts of said bank as shown by the statement made this day,…