Lazenby v. International Cotton Mills Corp.

Both parties appeal from a judgment entered upon the

report of a referee dismissing complaint upon the merits, provided the defendants tender to the plaintiff and the stockholders who have intervened or joined with him in the action certain shares of the common stock of the International Cotton Mills Corporation of Massachusetts, and in case the tender he not made, then an interlocutory judgment should be entered providing that the plaintiffs recover from the defendants the value of the stock directed to be tendered—such value to be determined by a reference; that if the tender be made and the…