Lenhart v. Lenhart Wagon Co.

Stone, Justice.

We have dealt with this case before in Lenhart v. Lenhart Wagon Co. 210 Minn. 164, 298 N. W. 37, 40, 135 A. L. R. 833. We were then reviewing an order denying a motion by Alfred A. Lenhart, as a minority stockholder on behalf of defendant corporation, to set aside for fraud a default judgment against the corporation in favor of one of its officers. The motion was denied, but we reversed with the comment that “upon no theory was the action below justified.” We added explicit “directions to try the controversy upon the merits of the proposed answer.”

The proposed answer so…