International Magazine Co. v. National Radio Co.

This is an appeal by the plaintiff from a judgment against it, entered after defendant’s motion, for a nonsuit had been granted, in an action brought to recover one thousand dollars alleged to be due from the defendant as the price of five one-page advertisements in a magazine known as “Motor Boating,” a publication owned by plaintiff.

The record discloses that on or about July 17, 1920, Joseph B. Buegg was the president of the defendant corporation, and on that day signed a writing in the name of the corporation, by himself as president thereof, agreeing to pay a specified sum for each insertion of a one-page advertisement in said magazine for a period of one year. The writing was not signed by either the secretary or manager, nor was it under the seal of the corporation. It also appeared in evidence?, affirmatively, that there was no resolution of the board of directors of the corporation authorizing its president to sign this contract, nor was there any resolution ever passed by said board referring in any way to the said contract or the advertising to be done thereunder. The by-laws were introduced in evidence and the only portion thereof having any bearing upon our problem…