Spears v. Kerars Realty Co.

The plaintiffs have appealed from a judgment of the Superior Court accepting an appraiser’s report and ordering the sale of their shares in the defendant corporation to other shareholders for the appraised value. The principal issue, and the only one which we need consider, is whether the court erred in denying the plaintiffs’ withdrawal of their action.

A brief summary of the procedural history of the case will serve to place the claim of the plaintiffs in context. In August, 1968, the plaintiffs, who are directors and two of the eight shareholders of the defendant corporation, petitioned the…