LITTLETON, Judge.
Defendant contends that the declaration of a cash dividend of $40,000, payable $20,000 to Simon and $20,000 to Speier, was a condition precedent in the offer of sale of Simon's stock which was accepted by Speier, that such a dividend was declared by the corporation, and it must be held to have been constructively received by Speier.
The sole question in the case, therefore, is whether plaintiff constructively received a cash dividend from...
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