Clark v. Flinn & Co.

There is no doubt that negotiations were carried on by Daniel F. Flinn to sell the property and assets of Flinn & Co., Inc. There is no denial in his affidavit of the fact stated to the plaintiff by Flinn and his brother Maurice that “ Daniel F. Flinn owned practically all of the stock of the defendant corporation.”

Respondent gave as a reason for the denial of the motion that Flinn & Co. could not make such contract without the consent of the stockholders, and further that the bringing in of Flinn as a party to the trial would result in confusing the jury as to which was Hable.

The latter is…