Barnes v. Vozack

*544OPINION

KRUCKER, Judge.

This was an action by appellee, Ruth Vozack, against Gerald Barnes, Arthur Herzberg, Seymour Tash, Martin Hassett, and their wives, Budget Controls, Inc. and Commercial Management Corp. for fraud. From a judgment for appellee, appellants Barnes, Tash and Herzberg appeal. We reverse.

Appellants Barnes, Herzberg and Tash formed Commercial Management Corporation some time before the events out of which this action arose. They were its sole shareholders, directors and officers.

In April of 1970, Samuel Sitzer and Jeanette Laurie, who was the secretary of appellants’ attorney,…