Henger v. Sale

WILSON, Justice.

Two appeals — one by plaintiff as to relief denied, and another by a defendant from judgment against him — are presented in this corporate stockholder’s derivative action. It is a jury case.

Plaintiff, Sale, who was an officer and director, and owned 35% of its capital stock, sued Bachman Center Corporation, its president, Henger, and two others of its directors, Wallace and Moore.

In one count, Sale alleged the individual defendants failed to take advantage of a written proposal made by a contractor to purchase earth from the corporation, but gave it away, thereby breaching…