Cuddeback

In this action plaintiff seeks to recover the sum of one thousand seven hundred and fifty dollars alleged to have been received by defendants to and for the use of plaintiff and which the defendants have refused to repay. From a judgment in favor of the defendants plaintiff appeals.

The principal questions in this ease involve the validity of an attempted purchase of land by the plaintiff from the defendants, in view of alleged want of authority of an officer of the corporation to act in its behalf, and the right of the defends at Cuddeback to sell to the corporation his own real property while he was himself a director of the purchasing corporation.

In February, 1912, the California & Arizona Land Company, a California corporation, was organized by Robert G. Hill and others for the purpose of carrying on, among other things, the business of buying and selling land. The by-laws of the corporation contain provisions setting forth the duties of the president and other officers. Article XX reads as follows: “The board of directors may elect a general manager who may be the president of the corporation. It shall be the duty of the general manager of the corporation to look after the…