Rock v. Gustaveson Oil Co.

Plaintiff brought this action to recover damages alleged to have been sustained by him by reason of the defendant’s failure to make timely delivery of certain shares of its capital stock purchased by him in accordance with the terms and conditions of an agreement of sale.

In conformity with the pleadings of the respective parties, the district court upon a trial of the case denied a recovery, and from the evidence found the facts to be substantially as follows:

“That the defendant, in consideration of the plaintiff’s subscription for certain stock in the defendant corporation, gave the…