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FOX v. JOHNSON & WIMSATT

No. 7677.

127 F.2d 729 (1942)

FOX v. JOHNSON & WIMSATT, Inc.

United States Court of Appeals for the District of Columbia.

Decided February 9, 1942.

Attorney(s) appearing for the Case

Mr. Howard Boyd, of Washington, D. C., with whom Mr. Nelson T. Hartson and Mr. Edmund L. Jones, both of Washington, D. C., appeared on the brief, for appellant.

Mr. George E. Sullivan and Mr. William E. Leahy, both of Washington, D. C., with whom Mr. Nicholas J. Chiascione, of Washington, D. C., appeared on the brief, for appellee.

Before GRONER, Chief Justice, and MILLER and RUTLEDGE, Associate Justices.

RUTLEDGE, Associate Justice.

The appeal is from a summary judgment which dismissed the plaintiff's complaint. She sought in effect specific performance of an alleged contract. She claimed it bound the defendant corporation to redeem its preferred stock from proceeds received from the sale of real estate. In the alternative she sought to have the company pay her the pro rata share she would have received, if the stock had been redeemed.

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