WIKIOSCO, INC., v. PROLLER


276 A.D. 239 (1949)

Wikiosco, Inc., Respondent, v. Nathan Proller, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 29, 1949.


Attorney(s) appearing for the Case

Alexander P. Robertson for respondent.

Walter A. Chambers and William F. Chambers for appellant.

FOSTER, P. J., HEFFERNAN, SANTRY and BERGAN, JJ., concur.


BREWSTER, J.

The question here is whether the complaint states facts sufficient to constitute a cause of action.

The complaint alleges an oral agreement between defendant and two other erstwhile coadventurers whereby among other things they mutually agreed to organize the plaintiff business corporation, and that each would invest therein as a stockholder an equal one third of $50,000 in its capital and that a

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