Carver

This is an action to recover for services rendered. The case was tried, and the court filed its findings of fact, finding substantially as follows: On February 20, 1904, the defendant corporation, at a meeting of the board of directors, passed a resolution, wherein they appointed a secretary and fixed her salary at $40 per month “as compensation for services as secretary, and all other services to be rendered the corporation by her.” The person holding the office of secretary at that time, by virtue of such appointment, was a woman, and she held the position until April 2, 1907, when she resigned. On the same day, April 2, 1907, the plaintiff was elected and appointed the secretary of said corporation to fill such vacancy. The plaintiff upon his election immediately entered upon the performance of his duties as secretary, and has ever since continued as such secretary of said corporation. The court, however, further found that while the plaintiff has always been ready, able and willing to perform any services required of him as secretary, “no actual duties have been performed by, or required of, plaintiff as such secretary since about the twelfth day of April, 1907, and no meeting…