Sam Daily Realty Inc. v. Western Pacific Corp.

OPINION OF THE COURT BY

BURNS, C.J.

This is an appeal by defendants Western Pacific Corporation (WPC) and Jack Ward (Ward) from a judgment in favor of plaintiffs Sam and Margaret Daily (the Dailys) and Sam Daily Realty, Inc. (SDRI). We affirm the judgment against WPC but reverse as to Ward.

The issues and our answers are:

I. Did the lower court err in allowing plaintiffs to sue WPC’s statutory trustee by designating WPC rather than the trustee as the defendant? No.

II. Did the lower court have in personam jurisdiction over WPC’s statutory trustee? Yes.

III. Did the lower court render contradictory…