If transactions are made through an exchange broker who withholds the name of his principal, or among brokers under the same condition, and the selling or purchasing broker delay fulfillment of the agreement, the party prejudiced by the delay may choose at the next meeting of the exchange between the abandonment of the contract, the fact being reported to the Board of Directors, and the fulfillment of the contract.
In the latter case, the contract shall be closed with the intervention of one of the members of the Board of Directors, by purchasing or selling the public securities agreed upon, for account and risk of the delinquent broker, without prejudice to his action against his principal.
In transactions concerning industrial or commercial securities, metals, or merchandise, a party delaying fulfillment of a contract or refusing to fulfill the same, shall be compelled to fulfill it by means of such action as may arise under the provisions of this Code.
History —Commerce Code, 1932, § 52.