Rosenzweig v. Salkind

Plaintiff sues defendant to recover the sum of $12,500 which, it is alleged, defendant contracted to pay to plaintiff as the purchase price of 50 shares of common stock of no par value of the Fair Maid Cottons, Inc., a corporation in which both plaintiff and defendant were stockholders. While the complaint is framed upon a cause of action for damages for breach of contract, it was amended at the trial so as to include a claim for the purchase price specifically agreed upon in the sum of $12,500.

The proof established, and I find, that the parties had been engaged actively in the business of…