Omega Investment Co. v. Woolley

I am unable to agree with the conclusion reached in the prevailing opinion in this case. To enable the reader to understand the basis of my dissent, it is necessary for me to state the essential facts established by the evidence as I read the record before us.

At the time of the trial of this case, 1926, the defendant Ernest R. Woolley was 43 years of age. He was, and had been, a stockholder and officer in various corporations. He was, and had been, engaged as a promoter of various business enterprises. The intervener, Nathaniel Baldwin, was 47 years of age. He had completed the common and…