Theodore Rosenak v. Lou Poller

WASHINGTON, Circuit Judge.

This is an appeal from an order of the District Court dismissing appellant’s suit for an accounting under a contract. On March 5, 1955, appellant sold and transferred to the appellee 250 shares of stock in the Midwest Broadcasting Company, for which appellee paid the sum of $50,000. The contract recited as follows:

“Lou Poller and Ted Rosenak agree as follows:

“Whereas Ted Rosenak owns 250 shares of Midwest Broadcasting Co. stock and whereas Midwest has agreed to dissolve and distribute the proceeds and whereas Ted Rosenak requires funds prior to the final accounting…