Walter J. Kohler v. Kohler Co., a Corporation, Herbert v. Kohler, Ernst & Ernst, a Partnership, and Paul F. Johnson

SWYGERT, Circuit Judge.

This action was brought by Walter J. Kohler against Kohler Co., a Wisconsin corporation that manufactures plumbing fixtures and has its principal place of business at Kohler, Wisconsin; Herbert V. Kohler, its president, Ernst & Ernst, a partnership that is engaged in public accounting; and Paul F. Johnson, a partner of that firm.

Plaintiff sought damages arising out of a sale of Kohler Co. common stock which he sold to the company for $115 per share on February 20, 1953. In his complaint plaintiff alleged that he was induced to sell his stock by “misrepresentation, half…