BARON v. SCHACHTER


284 A.D. 361 (1954)

Pauline L. Baron, Appellant, v. Nathan Schachter, Respondent

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

July 1, 1954.


Attorney(s) appearing for the Case

Laurence E. Deutsch of counsel (M. Carl Levine, Morgulas & Foreman, attorneys), for appellant.

Bernard Friedman of counsel (Jack Turret with him on the brief; Bernard Friedman, attorney), for respondent.

PECK, P. J., BOTEIN and BERGAN, JJ., concur with COHN, J.; CALLAHAN, J., dissents and votes to reverse, in opinion.


COHN, J.

The complaint alleges that defendant in October, 1952, purchased and obtained from plaintiff, for the sum of $20,000, ten shares of Class A common stock of the Jomil Realty Corporation, representing 50% of its issued and outstanding stock, upon the "further understanding that the plaintiff would have the right to repurchase" such stock within one year from the date of such purchase at the sale price plus...

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