Cochran v. Posey

Opinion by

Kenwobthey, J.,

This case involves the construction of a written contract for the sale of shares of stock. The action is by the assignee of the seller against the buyer. The court below held: (1) title to the shares passed to the buyer on the execution of the agreement, and (2) that although payment was deferred, the seller was not required to tender the stock and demand payment on the date of performance. Judgment was entered for plaintiff. Defendant has appealed.

Ón May 1, 1931, Jay N. 'Schroeder and Co., Inc. (hereinafter called Schroeder) owned forty-two hundred shares of the…