REUNING v. HENKEL

No. 7249.

239 F.2d 131 (1956)

F. E. REUNING and Sarah Louise Reuning, Appellants, v. C. V. HENKEL, Jr., Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 21, 1956.


Attorney(s) appearing for the Case

Bradley Roberts, Bristol, Va., and Robert A. Collier, Statesville, N. C. (Scott, Collier & Nash, Statesville, N. C., and Stant & Roberts, Bristol, Va., on brief), for appellants.

Kenneth D. Wallace, New York City, and A. B. Raymer, Statesville, N. C., (Raymer & Raymer, Statesville, N. C., Cahill, Gordon, Reindel & Ohl, New York City, John R. McLaughlin and C. B. Winberry, Statesville, N. C., on brief), for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and ALBERT V. BRYAN, District Judge.


ALBERT V. BRYAN, District Judge.

The point of this case is whether the defendant, already the owner of one half of the entire capital stock of Terminal Warehouse Company, Inc., was in fact the agent of the plaintiffs, for the sale of their one-half interest in the corporation, at the time he subsequently acquired their interest. If he was, then he must account to the plaintiffs, as they now demand, for one half of the profit which he immediately thereafter derived...

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