Pease, Kolderg Co., Inc. v. Bates

Plaintiff brought suit for the sum of $1,305.68, balance due on an open account for goods, wares, and merchandise sold and delivered to the defendant. Defendant answered alleging payment in full and filed a counterclaim alleging that defendant had become indebted to plaintiff in the sum of $1,390.53 and no more; that defendant had paid to plaintiff on said account the sum of $384.85; that defendant performed work, labor, and services as secretary of said plaintiff of the reasonable value of $1,583.33; that plaintiff was indebted to defendant in the sum of $577.65 for the balance of a mutual, open, and current account. Judgment was rendered that plaintiff and defendant take nothing. Prom this judgment plaintiff appeals.

Defendant acted as secretary of plaintiff corporation for a period of about sixteen months. He purchased one. share of stock in the corporation when he assumed office. The defendant testified the president of the plaintiff corporation assured him that it would be worth his while to act as secretary, that he would be given a discount on building material, but that no such discount was ever given. The by-laws of plaintiff corporation, with which defendant became…