Pennington Trap Rock Co. v. Pennington Quarry Co.

Oliphant, S. C. C.

This is a motion by defendant Linus E. Gilbert to strike out the fourth, fifth and sixth counts of plaintiff’s complaint and to dismiss the complaint as against said defendant. The complaint contains three other counts, namely, the first, second and third which are directed against the corporate defendant and concerning which there is no dispute in so far as this motion is concerned.

The fourth count alleges in substance that Gilbert, the sole owner of all the capital stock of the corporate defendant and the one in sole and absolute control of the said defendant, ordered and…