Harts v. Kimball

Mr. Presiding Justice Puterbaugh

delivered the opinion of the court.

This is a bill in equity to set aside a contract between the Lincoln Sand and Gravel Company, a corporation, and one George H. Kimball, on the ground of fraud. The bill was filed by David H. Harts and Charles H. Johnson, as shareholders in said Lincoln Sand and Gravel Company, which corporation, together with its officers, and directors, and one George H. Kimball, are made defendants. The contract in question provides for the payment of a royalty by said company to said Kimball upon the output of said company from its gravel…