Smith v. Sinbad Development Co.

Action to recover for three months’ services alleged to have ’been rendered by plaintiff for defendant at an agreed salary of $225 per month.

Judgment went for plaintiff, from which, and an order denying its motion for a new trial, defendant appeals.

The pleadings admit that defendant was duly incorporated. One S. A. McDonald owned certain oil claims in Utah, and in June, 1907, had defendant incorporated under the laws of Arizona for the purpose of developing these claims. The articles of incorporation designated McDonald as president of the corporation and F. G. Downey as secretary and general manager thereof. These two, with A. J. McPherson and S. Piper, designated in said articles as vice-president and treasurer, respectively, constituted the hoard of directors. Neither McPherson nor Piper signed the articles of incorporation, and they had no knowledge that they were connected therewith until after the alleged employment of plaintiff. In August, 1907, and prior to any meeting of the board of directors, Downey, claiming to act in his capacity as general manager of the company, and for and on its behalf, engaged plaintiff to perform certain services for it at an agreed salary…