MATTER OF MINKIN (HALPERIN)


279 A.D. 226 (1951)

In the Matter of the Arbitration between David Minkin et al., Appellants, and John Halperin, Respondent

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

December 21, 1951.


Attorney(s) appearing for the Case

John P. McGrath for appellants.

Arthur G. Warner and James E. Birdsall for respondent.

SNEED and MACCRATE, JJ., concur with JOHNSTON, J.; NOLAN, P. J., concurs in separate opinion in which SNEED and MACCRATE, JJ., concur;


JOHNSTON, J.

On June 16, 1950, appellants agreed in writing with respondent and others, as sellers, to purchase certain corporate stock, and paid $10,000 on account of the purchase price. The agreement contained a clause that "Any controversy or claim arising out of, or relating to this agreement or the breach thereof, shall be settled by arbitration * * *."

On October 24, 1950, the same parties contracted...

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