McDowell v. Lewis

Opinion of the Court by

Judge McCandless

Reversing-

The John O. Lewis Company is a mercantile corporation with a capital stock of 2,500 shares of the par value of $100.00 each. In April, 1020, John C. Lewis and R. A. McDowell agreed in writing for the latter to undertake the sale of the property and goodwill of the corporation or of its capital stock at the price of $1,000,000.00, or such amount as might thereafter he agreed to by Lewis, McDowell to receive a sum equal to 5% of the sale price *128realized by the company or its stockholders. By endorsements appearing on the contract the sale price…