Enterprise Sheet Metal Works v. Schendel

ME. COMMISSIONEB LENTZ

prepared the opinion for the court.

In this action plaintiff seeks to recover of defendant $1,000, the par value of ten shares of plaintiff’s capital stock, upon a subscription contract therefor.

*531On a former appeal, this court held that the original complaint did not state a cause of action, for the reason that it did not disclose that all of the capital stock had been subscribed or that the implied condition of full subscription had been waived. Reference to the former opinion is made for a recital of the subscription agreement and a statement of principles which have now…