Zamler v. Smith

*677O’Hara, J.

This is an appeal from a summary-judgment entered by the trial judge in an action at law in which no jury was demanded on a purchase sale agreement. The factual background is as follows: Arthur N. Smith, as an individual, by written instrument signed both by him and plaintiffs, agreed to purchase and they to sell certain voting common stock of Metropolitan Finance Company. The instrument provided for delivery of an assignment of the voting rights immediately upon execution thereof. It also contained an option permitting plaintiffs to cancel the sale as opposed to the assignment of…