Sherriffs

This is an action by plaintiff, as the assignee of Jafet Lindeberg, to recover the sum of $95,745.21, alleged sale price of 538 shares of the capital stock of Miners and Merchants Bank of Alaska. The case went to trial on the issues raised by a third amended complaint and defendant’s answer. Upon the conclusion of plaintiff’s evidence, plaintiff applied to the court for leave to file a fourth amended complaint “to conform to proof”. Leave was granted, the court reserving any ruling as to the conformity.

This complaint alleges Lindeberg’s ownership of the 538, out of a total of 1,000, shares of the bank stock; that on September 7, 1922, by an agreement in writing, he sold defendant 250 shares of the stock “at the agreed price of the net asset value or book value thereof as of September 30, 1924”; that by said agreement he gave defendant an option to purchase his remaining 288 shares at the same ascertainable price as the other stock; that the 250 shares were delivered, and that on January 16, 1923, defendant exercised the option to purchase the 288 shares, and received the same. It is alleged, on information and belief, that on September 30, 1924, the net asset value or book value…