Alexander

This appeal is from orders amending judgments in two cases to impose personal liability upon appellant Samuel Scott McCormac, a person not named in the original complaints nor in the judgments which were entered seven years previously against Abbey of the Chimes (hereafter Abbey), a corporation of which appellant was, for a period of time, the sole stockholder.

The two original proceedings commenced on October 21, 1966, and sought recovery against Abbey, a California corporation, on a promis sory note executed by the corporation and on an assignment of commissions alleged to be owing for the sale of cemetery plots. Both obligations were incurred by Abbey prior to the time that appellant became a stockholder in the corporation.

Appellant became the sole stockholder of Abbey on or about May 15, 1965, and remained so until January 20, 1969, at which time Abbey sold all of its assets and property to Skylawn, another California corporation. This transaction was formalized in a written agreement which provided that Abbey deliver to Skylawn “such deeds, bills of sale, assignments and other instruments of transfer as may be necessary to vest in Skylawn good and marketable title…