Ellis v. Darby Coal Company

Opinion op the Court by

Stanley, Commissioner—

Reversing.

The controversy involved in this appeal arose as collateral to a suit filed by A. L. Turner against the Darby Coal Company, to recover a balance of $800 on a store account. By intervening petitions and cross-actions it was alleged that George Ellis and seven others, on or about August 3, 1926, sold certain stock in the Darby Coal Company (which constituted a controlling interest) to O. P. Bartlitt and two others, and had assumed pay ment of the outstanding liabilities of the company at the time of the sale, except a certain note not here…