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Home / Opinion Digests / Contract – Stock Sale Agreement – Recoupment Defense (access required)

Contract – Stock Sale Agreement – Recoupment Defense (access required)

Sellers of a business who claim they have not been paid all sums owed under the parties' stock sale agreement and merger plan may not strike the defendant buyer's plea of the affirmative defense of recoupment. On Sept. 5, 2003, the parties entered into an agreement and plan of merger in which plaintiffs, the owners and ...