Logourl black
From our private database of 13,300+ case briefs...

Hall v. Hall

Missouri Court of Appeals
506 S.W.2d 42 (1974)


Facts

Edward H. Hall and Harry L. Hall (defendant) were equal stockholders and directors of Musselman and Hall Contractors, Inc. (Musselman). Edward died, passing his interest to his wife, Margaret L. Hall (plaintiff). Harry appointed his own wife, Florence E. Hall, director to fill the vacancy created by Edward’s death. Harry and Florence then appointed themselves president and vice-president of Musselman. Subsequently, Harry refused to attend shareholders’ meetings. Missouri law required the presence of a majority of stockholders to constitute a quorum. Thus, directors could not be elected, and Harry and Florence remained holdover directors. At a later directors’ meeting, the sale of unissued capital stock was approved. Margaret made clear that she wanted to exercise her right to purchase half of the stock, but asserted that the action was invalid because Harry and Florence were not legal directors. Margaret petitioned the court for an injunction that would bar Harry from refusing to go to shareholders meetings, bar the setting of a terminal date on Margaret’s preemptive purchase rights, and bar Harry and Florence from carrying on as directors and officers. The defendants moved to dismiss for failure to state a claim. The lower court granted the motion. Margaret appealed to the Missouri Court of Appeals.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Clark, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 136,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,300 briefs, keyed to 182 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.