FREDERICK v. DOUGLAS MOBILE CORP.


22 A.D.2d 972 (1964)

John T. Frederick, Jr., et al., Respondents, v. Douglas Mobile Corp., Defendant, and David Siegler et al., Appellants

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

December 14, 1964


MEMORANDUM BY THE COURT.

The complaint alleges the breach of a written agreement entered into by the parties whereby defendants, jointly and severally, agreed to repurchase from plaintiffs at a fixed price and within one year from its date 3,000 shares of the capital stock of defendant corporation delivered to them in part payment of the purchase price of a miniature automobile racetrack. Since time is not stated to be of the essence, we think that the motion was...

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