Mann v. Fender

HALL, Justice.

The parties to this appeal are defendants-appellants Robert A. Mann and Walter J. Rusek, Trustee for certain trusts for Mann’s children, and plaintiff-appellee Harris R. Fender. It is uncontradicted that Fender owns 4,947.74 of the 19,166 controlling shares of capital stock of Kilgore National Bank of Kilgore, Texas. This lawsuit is based on a claim of ownership by Fender of all of the remaining 14,218.26 shares under two separate theories, and a cross action by defendants to set aside a sale by them to Fender of their shares and for money damages based on Fender’s assertedly…