Klinker

This is an appeal from judgment after demurrer sustained to plaintiffs’ complaint. The plaintiffs allege the corporate capacity of the defendant, Guarantee Title Company, and of the Milton Realty Company and some fictitious corporations, and that the defendants individually named in the title are stockholders of the Guarantee Title Company of Long Beach, defendant, and' were such stockholders when the cause of action of plaintiffs sued upon was contracted and incurred. Three only of the individual stockholders were actually served with summons, viz., Orson C. Roberts, Charlotte P. Roberts and Prank P. Cross, and they, with the defendant, Guarantee Title Company of Long Beach, are respondents herein. The complaint herein was filed on December 30, 1926.

It is alleged that on or about the twenty-fourth day of April, 1923, the plaintiff, L. W. Klinker, paid to the said defendant, Guarantee Title Company of Long Beach, the sum of $50,000 as and for the purchase price of 400 shares of capital stock of said corporation, of which eight shares at said time were issued direct to defendant Floyd W. Calkins, two shares to defendant Lucy A. Calkins, eight shares to George E. and Lucy A.…