McNeely v. Bookmyer

Opinion by

Mr. Justice Schaffer,

This action was brought to recover from defendant the price plaintiff paid for 100 shares of the capital stock of a corporation. The basis of the claim was the alleged oral agreement of defendant to repurchase the stock in the event of plaintiff’s dissatisfaction with it. The trial resulted in a verdict for plaintiff, which the court below set aside and entered judgment for defendant ; plaintiff appeals.

The parties were travellers on a train from New York a few days prior to June 27, 1921, and in the course of their conversation defendant informed plaintiff that…