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BINDER v. MARCUS

302 N.Y. 745 (1951)

Robert Binder, Respondent, v. Samuel Marcus, Appellant.

Court of Appeals of the State of New York.

Decided April 12, 1951

Attorney(s) appearing for the Case

Neilson Olcott and Norman Roth for appellant.

Frank Aranow, Lawrence D. Unger and Sylvia Weber for respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ.; Dissent: FROESSEL, J.

Judgment affirmed, with costs; no opinion.

FROESSEL, J., dissents upon the ground that paragraph sixth of the agreement between the parties specifically provides that the stock of the corporation shall be issued "upon the consummation of this agreement" and not merely upon payment of the purchase...

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