RANK v. LEASE ASSOCIATES, INC.

No. 54.

45 Wis.2d 689 (1970)

173 N.W.2d 713

RANK, Respondent, v. LEASE ASSOCIATES, INC., and others, Appellants.

Supreme Court of Wisconsin.

Decided February 6, 1970.


Attorney(s) appearing for the Case

For the appellants there was a brief by Cahill & Fox, attorneys, and Daniel O. Ryan, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Ryan.

For the respondent there was a brief and oral argument by Ralph, J. Podell of Milwaukee.


WILKIE, J.

It is conceded that the complaint is not demurrable insofar as a cause of action is stated with respect to the alleged contract for the purchase of stock. One further issue is dispositive of this appeal, namely: Has the plaintiff sufficiently alleged his status as a stockholder of the defendant corporation so as to entitle him to bring a derivative action on the corporation's behalf?

The plaintiff strenuously urges, and the trial court so found...

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