Johnson v. Consolidated Film Industries, Inc.

The Chancellor:

At a hearing on bill and answer under Rule 43, all the well-pleaded material and relevant allegations of the answer are taken to be true.

One of the grounds upon which the bill relies for relief is that the resolution by which the amendment was adopted did not receive the requisite number of votes. The answer demonstrates by averments of fact that a sufficient number of shares of each class of stock voted in favor of the proposed amendment.

A second ground which the bill advances as a reason for decreeing the amendment to be invalid is that the amendment is to the advantage of…