Page:Federal Reporter, 1st Series, Volume 1.djvu/552

54e FEDERAL REPÛP.TEB. �fendants Flood, Mackey and Fair, and W. S. O'Brien, since deceased, acting as officers or agents of both corporations, or through officers controUed by them, the Consolidated Virginia Mining Company entered into large contracts with the Pacific Wood, Lumber & Flume Company, wliereby the latter agreed to supply and did supply to the former large quantities of wood and lumber at priees, which were in f act paid, larger than the same supplies coiald have been purchased for from other parties, and that the said Pacific Wood, Lumber & Flume Company thereby received profits on said con- tracts to the amount of $4,000,000, in excess of what it should have received, which profits came to the possession of said O'Brien and defendants Flood, Mackey and Fair through said Pacific Wood, Lumber & Flume Company, as the stock- holders of said corporation. He also alleges that during the "whole period embracing the transactions set out said Flood, O'Brien, Mackey and Fair were partners in business, and that their acts comj)lained of were the joint acts of said partners, and performed for their joint benefit as members of said copartnership. He then asks that said contracts be declared void, and that an account be taken between the said Consolidated Virginia Mining Company on one side, and the said Flood, Mackey and Fair, and the Pacific Wood, Lumber & Flume Company on the other, of the moneys paid by the Con- solidated Virginia Mining Company to the Pacific Wood, Lumber & Flume Company, and received by the latter under said contracts, and of the prolits resulting therefrom realized by said defendants or either of them, or by said O'Brien, deceased, and that on said accounting the defendants be decreed to repay ail said profits, moneys, etc., to the Con- solidated Virginia Mining Company. �It will be seen that the remote parties are the complainant, Burke, as a stockholder of the Consolidated Virginia Mining Company; and Flood, Mackey and Fair, as stockholders of the Pacific Wood, Lumber & Flume Company — indeed, of both corporations. That the immediate parties to the con- tracts sought to be examined and set aside, and an account of whose profits is sought to be taken, are the Consolidated ��� �