
    Abram C. Wisner, Appellant, v. Edward H. Jewett, Respondent.
    (Argued May 31, 1926;
    decided July 9, 1926.)
    
      Contract — sale — action to recover consideration for transfer of option to purchase stock — defense that at time of transfer option had expired.
    
    
      Wisner v. Jewett, 213 App. Div. 667, affirmed.
    Appeal from a judgment entered October 21, 1925, 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 decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was on contract. The complaint alleged that plaintiff, having an option to purchase certain stock, transferred the same to the defendant in consideration of his agreement to transfer to plaintiff a certain number of shares of the stock after purchase. The defense was that at the time of the agreement, plaintiff’s option had expired and he had nothing to transfer.
    Judgment affirmed, with costs;
    
      Alfred R. Page for appellant.
    
      I. Maurice Wormser, Peter J. Baxter and Paul M. Abrahams for respondent.
   no opinion.

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