STEIN v. EAST OAK ST. HOTEL CO

SPECIFIC PERFORMANCE, § 141 — evidence warranting dismissal of complaint. In stockholders' action against incorporated hotel company and its board of directors to compel sale of company's assets to plaintiffs in accordance with bid submitted by them, evidence warranted decree dismissing complaint on ground that there had never been a contract for sale of assets to plaintiffs and that defendant directors did not violate any duty to plaintiffs by voting proxies, at shareholders' meeting, against accepting plaintiffs' bid.

Opinion by JUSTICE TUOHY.

Not to be published in full. Opinion filed November 1, 1948; released for publication November 16, 1948.