STEIN v. EAST OAK ST. HOTEL CO., 335 Ill. App. 570 (1948)

82 N.E.2d 79

Appellate Court of Illinois.
Gen. No. 44,535. (Abstract of Decision.)
Opinion filed November 1, 1948 Released for publication November 16, 1948

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.

Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the June term, 1948.

Shulman, Shulman Abrams, for appellants;

Meyer Abrams, of counsel;

Grover D. Rose and Deming, Jarrett Mulfinger, for appellees.

Opinion by JUSTICE TUOHY.

Not to be published in full.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