Wildermuth v. Lorain Coal & Dock Co.

The parties will be referred to as they appeared in the Court of Common Pleas.

This is an action brought by dissenting shareholders under favor of Section 8623-72, General Code, and related sections, to determine the fair cash value of their shares and to secure a judgment for such fair cash value against defendant corporation. When the case came on for hearing in the trial court, plaintiffs moved for a judgment on the pleadings, which was overruled, and the plaintiffs not desiring to introduce any evidence, defendant interposed a motion to dismiss plaintiffs’ petition for failure of proof,…