Efron v. Kalmanovitz

NOURSE, J. pro tem. *

This is a derivative suit by minority stockholders challenging the propriety of the sale of certain assets of Maier Brewing Company, a corporation, hereinafter to be referred to as Maier, to S & P Company, a corporation, hereinafter to be referred to as S & P. The case is before this court on appeal for the second time. At the original trial of the action the court found that the contract under which S & P acquired the assets of Maier was fair to Maier and to its minority stockholders. Upon appeal this court reversed the judgment of the trial court holding inter alia that…