The appellant filed this suit complaining of the failure of Kodiak Resources Inc. to issue certificates memorializing the transfer of shares of Kodiak stock to the appellant. The trial court erred by granting summary judgment on statute of limitations grounds; this case is distinct from cases in which the live pleading alleged a date the transfer was due, and thus a date of the breach of the promise to transfer. The law does not require possession of a stock certificate to substantiate a claim of ownership of stock. Establishing ownership without stock certificates depends on the evidence presented, including the nature of the parties, the nature of their relationship, and their representations to each other. The trial court's judgment is reversed and remanded. Austin Court of Appeals, No. 03-11-00454-CV, 08-30-2013.
Krainz v. Kodiak Resources, Inc.
Tex. App. Dist. 3
August 30, 2013