New York Court of Appeals

Alexander Heller, Appellant v. Charles E. Pope

December 31, 1928250 N.Y. 132

Summary

The Court examined whether the plaintiff’s complaint alleged a breach of contract based on a memorandum that the parties signed. It concluded that the memorandum was an option, not a binding contract for the sale of stock, and therefore the complaint failed to state a cause of action. The dismissal of the complaint was affirmed.