Order entered on January 13, 1975, denying plaintiff's motion for a new trial with respect to the counterclaim, affirmed, without costs and without disbursements.
The trial court improperly awarded defendant judgment on his counterclaim. The delivery by defendant of the 1,000 shares of Canadian Javelin did not, as found by the trial court, constitute a sale by defendant and transfer of title to plaintiff. Once it became apparent that defendant had, on his own behalf...
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