USHER v. SCHENECTADY MASON SUPPLY CORP.


278 A.D. 610 (1951)

Frank S. Usher, Respondent, v. Schenectady Mason Supply Corporation et al., Appellants

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

January 10, 1951.


Before 1936, plaintiff Usher and defendant Salmon owned equal shares in the defendant corporation. An agreement entered in the minutes of the corporation that one should not acquire stock in excess of the holdings of the other, had by its express terms, expired in 1929. There is no sufficient proof of any binding renewal of this agreement, or the making of any new binding agreement of a mutual limitation of stock ownership effective in 1936. Neither mutuality, writing, nor...

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