Guardian Development Co. v. Jones

Adhering to the, original decision, the majority overrules appellant’s motion for rehearing, but as I have reached the conclusion that the court erred in affirming the judgment, will state, as briefly as is practicable, the reasons for my dissent.

The nominal plaintiff in the suit is the corporation, the Guardian Development Company, but the beneficial owners of the cause of action, the real plaintiffs, are members of the Burt family. The stock of the corporation ($100,000) is owned by Mr. and Mrs. R. E. Burt and their daughter-in-law, Mrs. Joe Burt,'a few qualifying shares being held by Mr.…