Smith v. Sinbad Development Co.

Action to recover for services rendered at an agreed salary. Judgment for defendant, and plaintiff appeals from judgment and order denying his motion for a new trial.

Plaintiff was employed by P. G. Downey, claiming to act as secretary and general manager of the defendant corporation, in and about the preparations for oil-well drilling opera tions in which defendant was about to engage. He rendered three months’ services, and at the close of the third month received a paper, which he pleads as an account stated, in the words and figures following: “There is due to G. L. Smith for services performed for the Sinbad Development Company, in accordance with terms of hiring: 3 mos. at $225 per mo. & expenses, $675; Expenses paid out by Smith, 75. Dated Nov. 30, 1907. (Signed) F. G. Downey, Sec. & General Manager of Sinbad Development Co.” When this instrument was offered in evidence it was objected to by defendant on the ground that it had not been shown “that he [Downey] had authority to make the contract.” Which objection was sustained by the court and this ruling is assigned as error.

At the time of the tender of the instrument F. G. Downey, who employed plaintiff and who signed…