Tucker

This is an appeal from a judgment that plaintiff and intervener take nothing and from the order denying plaintiff’s and intervener’s motions for a new trial.

Plaintiff’s complaint alleged, the execution of a contract between the plaintiff and the defendant, by the terms of which plaintiff was to sell and the latter was to purchase 64,650 shares of the plaintiff’s capital stock; the repudiation of the contract by the defendant, and plaintiff’s election to hold said shares of its capital stock for the benefit of the vendee and sue for the full amount of the contract price.

The trial court found, in effect, that the contract in question was not executed between defendant and plaintiff, and the only question raised by plaintiff on this appeal involves the sufficiency of the evidence to support that finding.

The record discloses in part that defendant Tucker entered into an agreement with one Hanus to buy 64,650 shares of the capital stock of the Sterilization Company of California at fifty cents per share, and deposited with one Wilkinson, the intervener, ten thousand shares of the capital stock of the Pantheon Oil Company as security for his performance of the said contract. He…