Opinion
Argued March 5, 1951
Decided April 12, 1951
Appeal from the Supreme Court, Appellate Division, First Department, AURELIO, J.
Neilson Olcott and Norman Roth for appellant.
Frank Aranow, Lawrence D. Unger 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.