The Superior Court of the City of New York and Buffalo June 5, 1893 (Nutting v. Atwood)

GILDERSLEEVE, J.

The material allegations of the complaint in this action are, in substance, that the plaintiff sold a business and stock of merchandise pertaining thereto to the defendant, and that a part of the consideration to be paid was de*817pendent on the profit of the business so sold, i. d.