Brewer v. Pleasant Creek Irrigation Company

CROCKETT, Justice

(concurring) :

I concur in affirming the judgment of the trial court and desire to make these observations in support thereof: in addition to the trial court’s finding that there is no evidence that the defendant had failed to file an acceptance, it further found, “ * * * but that in any event the filing of the certified copy of its Articles on January 11, 1927 by Pleasant Creek Irrigation Company constituted an acceptance of the provisions of the Constitution of the State of Utah * * In my opinion this satisfies the requirement of Sec. 2, Article XII. This conclusion is further supported by the filing of amendments to the corporate charter in 1941. The other and more compelling point is that this corporation existed and operated from 1891 until this controversy arose without anyone being concerned about its possible invalidity. From anything that appears, the plaintiffs as stockholders were quite willing to accept any benefits from it and found no fault therein until this controversy arose. Consequently they are in no position to claim the invalidity of the corporation as a shield in their internecine dispute.