Moore v. Steinman Hardware Co.

Schaeffer, J.,

This suit was brought originally by Amy Moore, individually, against the defendant to recover an additional amount in *442excess of What was mutually agreed upon by all parties and paid by defendant for the capital stock of Steinman Hardware Company belonging to the estate of Sylvester Z. Moore, deceased. Defendant filed an affidavit of defense raising questions of law, stating, inter alia: “Whatever right of action, if any, results from the facts alleged in plaintiff’s statement of claim, is a right of action in the executors of Sylvester Z. Moore, deceased, and not in the…