SANITARY FARM DAIRIES v. GAMMEL

No. 14252.

195 F.2d 106 (1952)

SANITARY FARM DAIRIES, Inc. v. GAMMEL.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied May 13, 1952.


Attorney(s) appearing for the Case

Patrick J. Ryan, St. Paul, Minn., for appellant.

Mandt Torrison, St. Paul, Minn. (Gerhard Bundlie and Bundlie, Kelley, Finley & Maun, St. Paul, Minn., on the brief), for appellee.

Before GARDNER, Chief Judge, and THOMAS and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

This is a suit by a stockholder against the corporation for specific performance of a contract to repurchase his common stock. The appeal is by the corporation from the amount fixed by the trial court as the value or price of the stock under the contract. The rights of the parties are governed by Minnesota law.

The contract, made in 1929, gave plaintiff an option, without limitation as to time, to resell to defendant the stock involved...

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