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SMITH v. McLANE

No. 9627.

174 F.2d 819 (1949)

SMITH v. McLANE et al.

United States Court of Appeals Third Circuit.

Decided April 13, 1949.

Rehearing Denied May 3, 1949.

Attorney(s) appearing for the Case

Martin A. Schenck, Kenneth W. Greenawalt, New York City (Davies, Hardy, Schenck & Soons, New York City, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Cletus G. Roetzel, Akron, Ohio, on the brief), for appellant.

William H. Eckert, Pittsburgh, Pa., for appellee.

Emory R. Kyle, Smith, Buchanan & Ingersoll, Pittsburgh, Pa., on the brief, for appellees other than Peoples City Bank.

Ralph J. McAllister, McAllister & McAllister, McKeesport, Pa., on the brief, for Peoples City Bank, appellee.

Before GOODRICH, McLAUGHLIN, and O'CONNELL, Circuit Judges.

O'CONNELL, Circuit Judge.

Plaintiff appeals from a judgment denying specific performance of an alleged oral agreement under the terms of which plaintiff and one McLane (his uncle and one of the defendants) presumably promised to offer and sell to one another one-half of all the shares which either of them might thereafter acquire in the Sun Rubber Company ("Sun"), a corporation of which they were officers.1 The opinions of the court below...

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