RAIS v. THORNBURGH CONSTRUCTION CO (1952)

District Court of Appeal, Second District, Division 1, California.

Sam RAIS, Plaintiff and Appellant, v. THORNBURGH CONSTRUCTION CO., a California corporation, Edward L. Thornburg and Dorothy M. Thornburg, his wife, and Kenneth C. McLaren, Defendants and Respondents.

Civ. 18715.

Decided: May 26, 1952

John W. Preston, John W. Preston, Jr., for appellants. Aaron Levinson, Albert E. Marks, for respondents.

This is an appeal by Sam Rais, who as a minority stockholder of the Thornburgh Construction Co., sought in behalf of the corporation and was denied an accounting by Thornburg, his wife, and Thornburg's bookkeeper, who was also a director of the corporation.

The case before us is a companion case to the basic case, Thornburgh Construction Co. v. College Heights Development (One), etc., Cal.App., 244 P.2d 735. The facts of the case are sufficiently recited in the basic case and hence need not here be repeated. In view of the conclusions we have arrived at in the basic case it is self-evident that the judgment in this case must as in the basic case be reversed.

HANSON, Justice pro tem.

WHITE, P.J., and DORAN, J., concur. Hearing denied; SCHAUER, J., dissenting.

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