Cottingham v. Hershey

THOMPSON, Circuit Judge.

This is an appeal from, an order by the District Court for the Western District of Pennsylvania. The plaintiff sued in assumpsit to recover upbn an alleged oral agreement for the repurchase of stock sold to the plaintiff by the defendant. The salient facts set out by the plaintiff in his statement, of claim are as follows:

The plaintiff was the controlling stockholder of Financial Service Bureau, Inc., which owned automatic candy vending machines. The defendant was an officer and stockholder of the Eatmor Chocolate Company. The plaintiff orally agreed that he would…