Admiral Oil Co. v. Lynch

Admiral Oil Company, “as Trustee,” commenced this action (1) to set aside an assignment of oil leases and oil well equipment, (2) to establish that defendants are constructive trustees of said property for the benefit of plaintiff; (3) for an accounting, (4) for an injunction, and (5) for appointment of a receiver. The assignment was made by Admiral Oil Company to defendant Damar Production Company, a corporation. There were five alleged causes of action. It was alleged that defendants MacDonald Lynch and A. J. Bandy were copartners, and that Damar Production Company was the alter ego of MacDonald Lynch. Defendants MacDonald Lynch, Frances Lynch, and Damar Production Company demurred to the third amended complaint. The demurrer was sustained without leave to amend, and a judgment of dismissal with prejudice was entered. Plaintiff appeals from the decision and the judgment.

The principal question is whether the third amended complaint sufficiently alleges that plaintiff is the trustee of the trust referred to therein.

The allegations of the third amended complaint regarding a trust, and regarding the manner in which plaintiff became *271 trustee thereof, are substantially as…