Appellate Division of the Supreme Court of the State of New York November 26, 1930 (Clark v. Flinn & Co.)

Hasbrouck, J.

There is no doubt that negotiations were carried on by Daniel F. Flinn to sell the property and assets of Flinn & Co., Inc. There is no denial in his affidavit of the fact stated to the plaintiff by Flinn and his brother Maurice that “ Daniel F. Flinn owned practically all of the stock of the defendant corporation.