SHANN v. DUNK

No. 93, Docket 94-9316.

84 F.3d 73 (1996)

Peter SHANN, Plaintiff-Appellant, v. John S. DUNK, Defendant-Appellee. John S. DUNK, Plaintiff-Appellee, v. Peter SHANN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 10, 1996.


Attorney(s) appearing for the Case

Peter S. Herman, New York City (Craig S. Brown, McLaughlin & Stern, New York City, of Counsel), for Plaintiff-Appellant.

James H. McGowan, Syracuse, NY, (Cherundolo, Bottar & McGowan, Syracuse, NY, and Joseph Serino, Jr., Hiscock & Barclay, Syracuse, NY, of Counsel), for Defendant-Appellee.

Before: WINTER, JACOBS, and LEVAL, Circuit Judges.


LEVAL, Circuit Judge:

Peter Shann brought this suit against John S. Dunk ("Dunk")1 to enforce an agreement for Shann's purchase of Dunk's controlling shares in an explosives company. The agreement, which was made on November 25, 1992 (the "November 25 Agreement"), was in rough preliminary form and contemplated materialization in a more formal contract. It provided for: a down payment of $500,000; monthly payments to Dunk totalling $2,352...

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