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OGLESBY v. ALLEN

No. 26107.

408 F.2d 1154 (1969)

Claire Craig OGLESBY, Appellant, v. George E. ALLEN, Successor, Trustee, Appellee.

United States Court of Appeals Fifth Circuit.

March 17, 1969.

Attorney(s) appearing for the Case

L. Robert Frank, Tampa, Fla., Thomas F. Tivnan, New York City, Allen, Dell, Frank & Trinkle, Tampa, Fla., and Parker, Duryee, Zunino, Malone & Carter, New York City, for appellant.

George E. Allen, Allen, Knudsen, Swartz, Richardson & DeBoest, Fort Myers, Fla., for appellee.

Before THORNBERRY and DYER, Circuit Judges, and KEADY, District Judge.

KEADY, District Judge:

On November 24, 1961, appellant, Claire Craig Oglesby, majority shareholder of Travel, Inc., and representatives of Tower Acceptance Corporation consummated an agreement whereby appellant would exchange 100 shares of Travel, Inc., stock for 9000 shares of that of Tower.1 Paragraphs 5(e) and 10 of that contract, the principal points of focus on this appeal, provide as follows:

"5(e). Tower, at the present...

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