Bjork v. April Industries, Inc.

ELLETT, Justice:

The parties agree to the following statement of facts:

The appellant was the defendant below in this action. Plaintiffs brought suit for damages alleging defendant’s breach of an agreement to register their shares in a public offering of other common shares of defendant’s stock. Plaintiffs also sought judgment ordering defendant to issue to plaintiffs new stock certificates without any restrictive legend.

After the trial of this matter in March of 1975 the district court ordered defendant to issue unrestricted certificates but refused to award plaintiffs any damages. From this…