Fix v. Fix Material Co., Inc.

RENDLEN, Judge.

Esther Fix, a minority shareholder, sued under § 351.485, RSMo.1969, 1 to compel liquidation of a closely-held corporation for alleged illegal and oppressive conduct by those controlling the corporation. At the close of plaintiffs case, the trial court granted defendant’s motion to dismiss under Rule 67.02 and from the order dismissing her petition with prejudice, plaintiff appeals.

A suit to compel liquidation under the Missouri Statute is an equitable action, Handlan v. Handlan, 360 Mo. 1150, 232 S.W.2d 944, 946[2] (1950); Kirtz v. Grossman, 463 S.W.2d 541, 545[7]…