Lynch v. Keystone Consol. Mining Co.

This is an action instituted by plaintiff on December 22, 1905, against appellant corporation and M. J. McDonald, to recover $20,300 alleged to be due plaintiff on a written contract. The findings and' decision were in favor of plaintiff as against appellant, and in favor of defendant McDonald. Judgment was accordingly given awarding plaintiff as against the corporation the sum of $20,300 with interest, and dismissing the action as to McDonald. On an appeal taken by plaintiff from the judgment of dismissal as to McDonald, such judgment was affirmed, the conclusion being that McDonald never signed or executed such contract in any other capacity than as an officer of appellant corporation. (Lynch v. McDonald, 155 Cal. 704 , [ 102 Pac. 918 ].) This is an appeal by the defendant corporation from the judgment against it and from an order denying its motion for a new trial.

The contract was one bearing date March 1, 1901, and in form was one between appellant corporation and M. J. McDonald, as parties of the first part, and plaintiff, as party of the second part, hut it was signed by McDonald only in his capacity as president of the appellant corporation. It recited that the…