Legal Opinion

Agar v. Orda

New York Supreme Court

Decided June 20, 1932PublishedCited by 15 opinions

1Opinion of the CourtShientag, J.

This is a seller’s action to . recover the agreed purchase price of 200 shares of stock. Two points were disposed of on the trial, first, that the purchaser agreed to buy the stock for his own account and not as agent for a disclosed principal, and second, that there was a memorandum of the contract sufficient to satisfy the Statute of Frauds.

At the time of the contract of sale, plaintiff’s assignor did not have any of the stock contracted for. On the date set for delivery it acquired a considerable block of the stock and offered to deliver 200 shares to the defendant. The latter refused to…

2Cases cited17 opinions

  1. First Nat. Bank of Boston v. MaineSupreme Court of the United States · 1932
  2. Dustan v. . McAndrewNew York Court of Appeals · 1870
  3. Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
  4. Millard v. GreenSupreme Court of Connecticut · 1920
  5. Ackerman v. . RubensNew York Court of Appeals · 1901

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3Cited by15 opinions

  1. Coyne v. Chatham Phenix National Bank & Trust Co.City of New York Municipal Court · 1935
  2. In re the Estate of GalewitzNew York Surrogate's Court · 1954
  3. Mott v. CommissionerUnited States Board of Tax Appeals · 1936
  4. Hertz Drivurself Stations, Inc. v. RitterCourt of Appeals for the Ninth Circuit · 1937
  5. Agar v. OrdaAppellate Division of the Supreme Court of the State of New York · 1933

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