Cathcart v. Cathcart Van & Storage Co.

1. In this State the genera,1 rule is that to amend the charter of a commercial corporation, granted by the superior court, when the proposed amendments are fundamental, radical, or vital, the unanimous consent of all of the stockholders is required. Johnson v. Tribune-Herald Co., 155 Ga. 204 (116 S. E. 810), and cit.

2. An exception to the foregoing rule is where the original incorporators have sought and obtained from the court, at the time of granting the ■ charter, the power to make such amendments by less than a unanimous vote of the stockholders. Whether such power was sought and granted…