Miller v. Winn

This case appears before us on appeal for the second time. A full statement of the circumstances and the relation of the parties may be found in the opinion of Mr. Justice Dunklin of this court as reported in the 8 S.W.2d 714 et seq. We will accordingly now only set forth such details and proceedings as we have concluded are pertinent to the questions raised on this appeal. The appellee Winn owned one-fourth, and defendant Miller three-fourths, of the $20,000 capital stock of the Olney Ice Company, a corporation. Winn instituted this suit, alleging, in substance, that about February 1, 1926,…