Gibson

Plaintiff began this action against the defendant corporation and its stockholders to recover damages in the sum of $100,000, consisting principally of loss of profits alleged io have been suffered by him for and on account of the failure of the defendant corporation to keep and perform on its part the terms and conditions of a certain contract annexed as an exhibit and made a part of plaintiff’s complaint. The defendants interposed demurrers, both general and special, setting forth in detail eighty-nine general and special reasons why the plaintiff’s complaint is insufficient. Five complaints in all were filed. After the defendants’ demurrers were sustained to the plaintiff’s fourth amended complaint, plaintiff declined to amend, judgment was entered for the defendants and the plaintiff appeals.

Passing the allegations in the complaint as to the corporate existence of the Hercules Manufacturing & Sales Company, Inc., the names of the stockholders and the respective number of shares owned and held by each in the defendant corporation, the complaint alleges that on or about the eighth day of December, 1920, .one of the defendants, Norman Lombard, a large stockholder in the…