SPECIFIC PERFORMANCE, § 29 — remedy not applicable to assignment of stock. In suit for specific performance of alleged verbal agreement between parties concerning assignment of certain shares of stock in appellee corporation, whereby appellant was to assign shares of stock of corporation for which he had given his promissory notes on which there was unpaid balance and corporation was to cancel notes, but appellant refused to comply with his part of agreement, held that alleged agreement was wholly executory and was not settlement of any existing agreement between parties, and on account of its uncertainty and indefiniteness, it could not support action for specific performance, and it was within Statute of Frauds. (Ill. Rev. Stat. 1943, ch. 121 1/2, par. 4; Jones Ill. Stats. Ann. 121.08).
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE DOVE.
Not to be published in full. Opinion filed May 28, 1945; released for publication June 18, 1945.