Sowlveere

Action to collect subscription to contemplated corporation. Judgment for defendant and plaintiff appeals from judgment and order denying its motion for a new trial.

Defendant with some fifty other persons subscribed a writing whereby they agreed to join in the formation of a corporation under the laws of the state of California, the “purposes to be acquiring and carrying on a general produce and merchandising business, etc., at Hanford, California; and to that end” subscribed and agreed to pay for the number of shares set opposite their respective names, etc. The subscription of defendant being for eighty shares, amount $2,000. Thereafter some of the other signers of the writing mentioned incorporated and organized the plaintiff corpora tion having for its purposes, as set forth in its articles of incorporation: “To acquire, purchase, own, control and manage, and carry on and conduct stores of general merchandise; purchase, own, sell, lease, manage and control goods, wares, merchandise and other kinds of personal property, mixed goods and effects of whatever nature or kind; to own, acquire, control, manage, mortgage and lease real property, wherever situated, and to sell,…