W. S. Pekovich and Admiralty Alaska Gold Mining Company, a Corporation v. Minnie Coughlin, as of the Estate of Robert E. Coughlin, Deceased

This is an appeal from a decree of the lower court ordering individual appellant Pekovich to transfer and deliver to appellee, Executrix of the Estate and widow of Robert E. Coughlin, four thousand shares of common stock of appellant Admiralty Alaska Gold Mining Co., an Alaska Corporation (herein Corporation) and awarding to appellee her costs and disbursements herein, including an attorney’s fee of $450.00.

The court below found as a fact that there was insufficient evidence (indeed there was none) to show that appellant Corporation authorized or ratified the later noted and so-called “agreement”' between appellant Pekovich and appel-lee’s decedent, hereafter Coughlin. As indicated above, the decree ran against Pekovich alone.

From the pleadings and undisputed testimony, it would appear that on February 1, 1954, the then Secretary-Treasurer of Corporation tendered his resignation to its Board of Directors, asserting that the salary was not sufficient for the amount of work entailed by the position. His resignation was accepted and on the same date Coughlin was selected to take over the duties of this office, pursuant to a suggestion made by Pekovich.

On February 5, 1954,…