Gordon v. Swan
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The stock of the corporation was divided into one thousand shares, of which M. G. Griffith and W. R. Muffley, the assignors of the plaintiff, owned ninety-one and two thirds shares. Stockholders owning about nine hundred and sixty shares signed the contract.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The stock of the corporation was divided into one thousand shares, of which M. G. Griffith and W. R. Muffley, the assignors of the plaintiff, owned ninety-one and two thirds shares. Stockholders owning about nine hundred and sixty shares signed the contract. The resolution of the Board of Directors authorized the President and Secretary of the mine to deliver possession of the same, and to execute a deed thereof to the defendants. The Court below sustained the demurrer to the complaint, and final…
1Opinion of the Court
By the Court,
Niles, J.:
The plaintiff sues as the assignee of Griffith & Muffley of their interest in a contract made between them and a number of other persons, stockholders of the “ Cosumnes Copper Mining Company,” of the one part, and the defendants of the other part. The complaint sets forth the contract *566in hese verba, and the sufficiency of the complaint must he determined by an inspection of the instrument.
The contract recited that the corporation was the owner of a vein of copper ore; that the parties of the first part were stockholders in the corporation and desirous of selling their…
2Cited by3 opinions
- State of California v. AgostiniCalifornia Court of Appeal · 1956
- Reed v. HickeyCalifornia Court of Appeal · 1910
- Brady v. FowlerCalifornia Court of Appeal · 1920