Earl v. Lofquist

OGDEN, J., pro tem.

This is an appeal from a judgment entered in favor of respondent after his demurrer to appellants’ amended complaint was sustained and the latter declined to amend. Although the defendant R. W. Nuttall is now deceased and substitution has been made, he is referred to herein as respondent.

The action is representative in character, being brought by appellants as shareholders on behalf of the defendant Lopez Canyon Oil Company, a corporation, its directors refusing to bring suit. It is based upon fraud and seeks the recovery to the corporation of certain real property in the…