Binder v. Marcus — 302 N.Y. 745

Majority

p. 745

Robert Binder, Respondent, v. Samuel Marcus, Appellant.

Argued March 5, 1951;

decided April 12, 1951.

p. 747

Neilson Olcott and Norman Both for appellant.

Frank Aranow, Lawrence D. TJnger and Sylvia Weber for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ.; Froessel, J., dissents upon the ground that paragraph sixth of the agreement between the parties specifically provides that the stock of the corporation shall be issued “ upon the consummation of this agreement ” and not merely upon payment of the purchase price.