Vandervoort v. Brewster

RENFRO, Justice.

The plaintiff Vandervoort agreed to sell and the defendant Brewster agreed to buy 47½ per cent, or a total of 4,750 shares, of the stock of Green Feeds Company, Incorporated. The defendant paid $5,000 cash and agreed to pay the remaining $45,000 of the purchase price within 60 days.

The contract was dated April 9, 1958. The $45,000 payment was not made by defendant.

On February 1, 1960, plaintiff brought suit against defendant for specific performance.

The question on appeal is whether the trial court, in a summary judgment proceeding, was correct in holding "there is no genuine…