MARK v. McDONNELL & CO.

No. 18884.

447 F.2d 847 (1971)

Gordon S. MARK, Plaintiff-Appellee, v. McDONNELL & CO., Inc., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

August 25, 1971.


Attorney(s) appearing for the Case

H. Templeton Brown, Lee N. Abrams, William A. Gordon, Chicago, Ill., for defendant-appellant; Mayer, Brown & Platt, Chicago, Ill., of counsel.

Ware Adams, Chicago, Ill., for appellee.

Before DUFFY, Senior Circuit Judge, and KILEY and STEVENS, Circuit Judges.


STEVENS, Circuit Judge.

On December 24, 1969, plaintiff filed a complaint alleging that on January 30 of that year he had purchased from defendant 500 shares of its nonvoting stock. He alleged that the consideration for the purchase was (a) his agreement to lend either $250,000 or 4300 shares of American Home Products Company stock to defendant, and (b) his payment to defendant of the book value of the stock. He actually loaned 4301 American Home shares and paid ...

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