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it has a readily ascertainable value and hence, damages are as-
certainable and specific performance would not be appropriate.
At the time of the agreement on August 20, 1979, Air Florida stock
was traded over the counter and its value $6.00 per share could
be determined from the financial section of newspapers. At the
time of the agreement, Air Florida stock was publicly traded and
this stock was not closely held. Legend stock would only restrict
the method of transfer and sale, and this would only make the
legend stock slightly less valuable than other stock of Air
Florida. Since Air Florida stock was not stock of a closely held
corporation and was not stock whose value could not be readily
ascertained, Plaintiff has an adequate remedy at law for damages
resulting from any breach of the agreement by Defendant. Hurley
v Thomas, 169 Sold 519.
In Count II of the Amended Complaint, Plaintiff seeks
damages for breach of contract. Plaintiff claims that Defendant
breached the agreement of August 20, 1979 by failing to deliver
and transfer the 6,250 shares of Air Florida to Plaintiff. De-
fendant contends that Plaintiff breached this agreement by con-
tinuing to actively participate in the affairs of Golden South.
The evidence clearly shows that Plaintiff resigned from
the Board of Directors and Executive Committee of Golden South on_
August 20, 1979. The stockholders' minutes of that date (P-6)
state that "Mr. Taylor (Plaintiff) announced his oral resignation
from all offices, boards and other interests in the corporation.
It was moved, seconded and duly passed that his resignation as
director and executive board member and officer be accepted with
regrets." Also, a memorandum to stockholders of Golden South
dated August 21, 1979 from the Defendant stated that Plaintiff had
resigned as a member of the Executive Board and Board of Directors.
(P-17) The minutes of the Board of Directors of Golden South of
November 23, 1979 (P-4) shows there was a stock pro~cy from Plain-
tiff to Defendant. All of this was in accordance with the terms
of the agreement of August 20, 1979 in which Plaintiff agreed to
resign from the Board and Executive Committee of Golden South.
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