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Business Organizations Law

1928

Constructive fraud

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Corporations-Repurchase Of Its Own Shares By A Corporation In Performane Of A Promise Forming Part Of The Contract Of Sale May 1928

Corporations-Repurchase Of Its Own Shares By A Corporation In Performane Of A Promise Forming Part Of The Contract Of Sale

Michigan Law Review

One Rosenthal entered the employ of the defendant corporation for two years at a salary of $10,000.00 per year; $75.00 per week to be paid in cash, and the balance to be paid in stock of the corporation at the end of each year. The contract contained a proviso that if the parties could not, at the end of the second year, reach an understanding for a continuation of the employment, the company would repurchase its shares at their par value. No such agreement was reached, and the company refused to take back its stock. Rosenthal brought his bill in …