HAYES v. DUANE JONES CO., INC.


280 A.D. 769 (1952)

Robert Hayes et al., Respondents, v. Duane Jones Company, Inc., Appellant

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

June 17, 1952.


Per Curiam.

The complaint does not allege that the class "B" stock has any book value as shown by the books of account of the company audited by its accountants, nor does it even set forth that the books were ever audited. Because of the contract provision set forth in the complaint to the effect that appellant is to pay to the holder of each share of "B" stock "the book value thereof as shown by the books of account of the Company audited by its accountants...

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