The files in this Court and in the Wayne' circuit Court disclose the repeated and unusual litigation during the more than 20 years that have elapsed since the incorporation of the Brookdale Cemetery Association and the Brookdale Sales Company.
Appellants state:
“Underlying facts and background have, in part,, heretofore been before this Court in Harvey v. Lewis, 357 Mich 305, as well as in other appeals in this case which were disposed of on motions without published opinions.”
April 8, 1958, Muriel Israel filed her claim to the ownership of 38,180 shares of common stock of Brookdale, Inc., as assignee of Dr. Philip A. Callahan and Rev. E. J. Rollings.
The rights and interests of Dr. Callahan and Rev.. Rollings had been presented to Hon. John V. Brennan, Wayne county circuit ¡judge, who, after an extensive hearing, made a determination and on February 29, 1956, filed an opinion in which he stated:
“Brookdale Sales Company ceased to exist on April 29,1939. Elmer J. Rollings and Philixo A. Callahan’s contract with Brookdale, and under which each was assigned 19,090 shares of stock in Brook-dale, Inc., was contingent upon the fulfillment of cer*99tain conditions. These conditions were not fulfilled. No breach of contract was, or is involved. The court is therefore of opinion and so finds, that whatever rights, if any they had, were extinguished by reason of the terms of the agreement itself. No rights or obligations whatsoever survived to them, or either of them, or to any third person or persons claiming under or through them or either of them. The stock assigned to them, or either of them, became worthless, both to themselves and to third persons claiming under or through them or either of them. Their assignment of said stock on July 24, 1953, or at any other time, was an idle ceremony.”
Judge Brennan’s term of office expired without entry of decree. Without reopening or taking further proof, Judge Rashid, as successor judge to Judge Brennan, agreed with Judge Brennan’s opinion and entered an order denying Muriel Israel’s claim, which has resulted in this appeal.
We agree that the record sustains Judge Brennan’s opinion. Judge Rashid’s order is in accordance therewith and is affirmed. Costs to appellees.
Dbthmers, C. J., and Carr and Kavanagh, JJ., concurred with Kelly, J.