
    Robert Binder, Respondent, v. Samuel Marcus, Appellant.
    Argued March 5, 1951;
    decided April 12, 1951.
    
      
      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.  