JAMES A. HEAD & COMPANY v. Rolling

MERRILL, justice.

James A. Head & Company, Inc., a corporation in Birmingham, hereinafter referred to as “Head,” is and has been engaged in the office supply business. The president of the Company, James A. Head, is the majority stockholder in the corporation and is practically the alter ego of the corporation.

Carl Bryson, Bob Bodine and Fred Rolling had been employees of the company for various periods of time; Bryson since 1926, Bodine since 1936 and Rolling since 1946. The first two named were directors of the corporation until 1952.

The company’s sales were of two types. Ordinary or…