Trimmer v. Short

PRITCHARD, Judge.

In Count I of his original petition for damages “on breach of contract and wrongfully withheld profits”, plaintiff pleaded that before December 7, 1965, Superior Metal Products was a sole proprietorship, wholly owned and operated by defendant Vaughn V. Short, who in November, 1965, agreed with plaintiff to incorporate Superior and offered and agreed to sell to plaintiff 49% of its stock, the percentage being later reduced to 40% which offer was agreed to and accepted by plaintiff. Superior was incorporated on December 7, 1965, and in January, 1966, plaintiff paid in $6,000.00…