Addiego

Addiego v. Hill

Good Law
17 Cal. App. 3d 453·1971 Cal. App. LEXIS 1494·95 Cal. Rptr. 151
Court of Appeal of CaliforniaMay 12, 1971Civ. No. 27344California3,057 words

Opinion

Lead Opinion

Sims, J.

Defendants, who unsuccessfully appealed from a judgment which granted the plaintiffs’ prayer for specific performance of a preemption agreement for the purchase from defendants of stock of a closely held corporation (see Addiego v. Hill (1968) 268 Cal.App.2d 280 [ 73 Cal.Rptr. 901 ]), now appeal from a post-judgment mandatory injunction which ordered them to carry out the judgment.

*456 They contend that the trial court erred in the following particulars: (1) in ordering them to transfer their stock for the full amount of the purchase price fixed in the judgment without either discharging them from the injunction which prohibited their enjoyment of the fruits of the corporate business during the pendency of the litigation, or crediting them with interest on the amount of the purchase price which was retained and enjoyed by the plaintiffs during that period (see Ellis v. Mihelis (1963) 60 Cal.2d 206, 219-222 [ 32 Cal.Rptr. 415 , 384 P.2d 7 ]); (2) in concluding that the original judgment was res judicata as to the defendants’ right to an offset against the purchase price; (3) in concluding that the defendants had no standing to object to the order because they claimed…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.