Swafford v. Berry

Opinion by

Mr. Justice Pringle.

This action was instituted by Geraldine Swafford and Marion Whittle “representatively and derivately on their own behalf and on behalf of all other stockholders * * * similarly situated,” against William Berry, William Berry, Jr., Gerald Berry and Daniel Berry, a minor, as individual defendants, and Monarch Winter Sports, Inc., as corporate defendant. The parties are aligned here as they were in the trial court and will be referred to as plaintiffs, defendants, or by name.

The evidence disclosed that in 1954 William Berry, Sr., was operating the Monarch Ski Area…