Kleinsasser
Kleinsasser v. McNamara
Opinion
Lead Opinion
After the appeal in. the above-entitled cause was placed on the calendar for oral argument, appellants filed an application under the authority of section 956a of the Code of Civil Procedure to take additional evidence.
The action was instituted in the Superior Court of Fresno County by appellants as stockholders of the Siberia Oil Company to enjoin the directors thereof from consummating a transaction whereby the properties of said company were about to be transferred to Delaney Petroleum Corporation; and the essential issues of fact upon which the action was heard and determined were whether, as appellants alleged in their complaint, the transaction was unfair to the Siberia Oil Company and was being consummated for the fraudulent purpose of furthering the private interests of the directors thereof. The trial took place before the Honorable Charles R. Barnard, judge of said court, who found against appellants on all issues, and judgment in favor of respondents was entered accordingly. The main ground urged for reversal is" that the evidence adduced at said trial was and is insufficient in law to support the findings. Other actions growing out of this same controversy and…