Moss v. Waytz

MR. PRESIDING JUSTICE KILEY

delivered the opinion of the court.

This is an action for a declaratory judgment establishing’ rights among stockholders and defendant corporation. The trial court entered judgment on the pleadings for plaintiff and defendants have appealed.

Plaintiff and defendant, Sol Waytz, were partners in the medicine and pharmaceutical supply business. On October 30, 1947, Max Waytz was admitted to the partnership under a contract signed by him and the two partners. Pursuant to this agreement they formed the defendant corporation. Max Waytz was issued 75 shares of stock, Sol…