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ADVANCE CUATRO 8331 DRIVER
At plaintiffs' request, trial was to a jury, and after eight days of taking testimony plaintiffs rested and stated that they abandoned their claim for compensatory and exemplary damages and body judgments, and relied entirely upon their equitable rights to the stock, their Advance Cuatro 8331 for money owing, and their positions as officers and directors; whereupon the jury was, by agreement, discharged.
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Testimony Advance Cuatro 8331 behalf of defendants was taken and also rebuttal testimony. On September 8,the trial court entered detailed findings of fact and conclusions of law and entered judgment for defendants. The court, among other things, found: Korholz, as trustee, "are valid and of full force and effect. Reasons numbered 1, 2 and 8 are to the effect that the court erroneously determined questions of fact on which the evidence was in conflict.
Counsel do not contend that the evidence is insufficient to sustain the Advance Cuatro 8331 findings, but take the untenable position that the trial court should have believed the testimony of plaintiffs and should have disbelieved the testimony of all the other Advance Cuatro 8331, including that of several of plaintiffs' witnesses. At the risk of appearing dreary and trite, we reiterate our uniform pronouncement that findings of fact made by the trier of the facts, court or jury, will not be disturbed if supported by credible testimony.
All of the court's findings of fact are amply supported by evidence in the record and will not be disturbed. Point No. Why counsel argue that the contract was not capable of being specifically enforced is not clear.
The defendants did not seek specific performance; in fact the defendants asked that plaintiffs' complaint be dismissed—nothing more. The court did not grant or undertake to grant specific performance of anything. Specific performance was neither requested nor Advance Cuatro 8331 and all argument with reference thereto is foreign to any issue presented by the record. Certainly no one could contend that such an agreement Advance Cuatro 8331 contrary to public policy.
However, counsel point Advance Cuatro 8331 that the agreement calls for something more: Though not pled, proven or urged in the trial court, a New York statute apparently provides that: Even if this portion of the agreement is contrary to public policy, it is severable and does not render the balance of the agreement void or contrary to public policy. Clearly the considerations are severable and the valid portions of the agreement are enforceable. The general rule is stated in 17 C. Thompkins, Colo.
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It would seem that the formal allegation in her complaint that she had resigned would now preclude her Advance Cuatro 8331 urging as error the court's finding in accordance with her own allegation. The duties of the said defendant Korholz, trustee, after receiving the stock referred to in paragraph 4 are not determined herein.
The Reillys signed Exhibits "2" Advance Cuatro 8331 "3", on September 26,wherein they each: Under such circumstances the trial court did not and could not determine the duties of Korholz as trustee. Furthermore, the documents being made expressly subject to the provisions of Exhibit "O" which fully protected and compensated Korholz, we find they were wholly lacking in consideration and are unenforceable.
REILLY v. KORHOLZ P.2d p2d
Two days prior to the execution of these so-called trust agreements, Korholz had unsuccessfully endeavored to obtain Reilly's signature to a voting trust agreement, whereby Korholz would have held the stock of all stockholders in trust for a period of five years, the purpose being to give him voting power of all the stock. This agreement Advance Cuatro 8331 properly drawn and defined the rights and duties of the trustee and the beneficial owners of the stock and provided for the termination of the trust. From the record, it further appears from Korholz's testimony that his purpose in seeking to hold the stock and claims in trust was for the benefit of other stockholders who Korholz felt had suffered on account of Reilly having taken stock in excess of the value of property turned over by him to the corporation.
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