Wenger v. Wenger

The opinion of the court was delivered by Melvin W. Wenger and Viola Wenger, his wife, appeal from various judgments and orders entered by the district court in an action brought for an accounting, recovery of money and dissolution of a corporation. Clyde W. Wenger and his wife Joan A. Wenger (appellees) and Melvin W. Wenger and his wife Viola Wenger (appellants) incorporated Wenger Pelleting Company, Inc., (WPC) and each owned 25% of its capital stock. WPC was originally organized in 1967 to engage in the business of operating an alfalfa pelleting plant in Falls City, Nebraska. For a time following its incorporation, both Clyde and Melvin were active in the management of WPC. In the early 1970's Clyde formed the C.W. Mill Equipment Company while Melvin branched off into the dog food business under the name of Agri-Gold Products Company. It appears that on March 1, 1972, all activity of WPC at the Falls City plant ceased. On April 23, 1973, appellees instituted this action against Melvin and Viola Wenger and several creditors of the corporation. Appellees sought appointment of a custodian for WPC (or a receiver if the corporation was found to be insolvent) for the purposes of conducting an accounting and audit of the [239 Kan. 57]