Ordered that the order is affirmed, with costs.
We agree that the exclusive means by which the plaintiffs could regain the share of stock was by enforcement of the agreement between the parties that the defendant "will tender the aforesaid share of stock to the Secretary of the Davenport Club, Inc." upon the termination of his membership. Therefore, the gravamen of the action is contractual (see, Baratta v Kozlowski,
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