
    Frederic G. Topliff, Appellant, v. Eugene Schimpff, Respondent.
    
      Contract — sale — action to recover on alleged contract to purchase stock.
    
    
      Topliff v. Schimpff, 196 App. Div. 198, affirmed.
    (Argued March 16, 1922;
    decided April 18, 1922.)
    Appeal from a judgment, entered April 12, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The complaint alleged that on July 1, 1920, the plaintiff entered into a contract with the defendant for the sale of 10,000 shares of the capital stock of the American Silver Corporation for $5,000, which defendant agreed to purchase at that price, but which he refused to accept when tendered to him. The answer denied the making of the contract.
    
      William,' T. Van Alstyne and James J. Allen for appellant. ■' • ’
    
      J. Franklin Tausch for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  