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PARK TERRACE, INC. v. BURGE

No. 390.

106 S.E.2d 478 (1959)

249 N.C. 308

PARK TERRACE, INC. v. R. G. BURGE and Lawson Lester, Jr.

Supreme Court of North Carolina.

January 14, 1959.

Attorney(s) appearing for the Case

Dallace McLennan, Spry, White & Hamrick, Winston-Salem and Fletcher & Lake, Raleigh, for plaintiff.

Womble, Carlyle, Sandridge & Rice, Wade M. Gallant, Jr., Winston-Salem and Broaddus, Epperly & Broaddus, Martinsville, for defendants.

DENNY, Justice.

As we construe the facts revealed on the record before us, the question to be determined is not whether these defendants acted in bad faith as officers and directors of the plaintiff corporation in connection with the transactions of which the plaintiff complains; the determinative question, in our opinion, is whether or not the plaintiff corporation, in light of all the facts and circumstances revealed by the record, may maintain an action to recover...

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