The stock issue does not lend itself to determination on the papers submitted. At the very least, a triable issue of fact is presented as to whether the stock was contributed by the brothers to capital in the partnership to support the interest of each brother in proportions to be proven. The schedule of real property in the agreement of September 30, 1963, and the provisions relating thereto, provide for a right of first refusal among the brothers. These provisions are inconsistent...
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