Reynolds

This is an appeal from the order denying defendants a new trial. The appeal from the judgment in the same ease will be found reported in San Pedro Lumber Co. v. Reynolds, 111 Cal. 588 . In the opinion there delivered the nature of the case, and many of the facts necessary to an understanding of this appeal, are presented. Others will be set forth as occasion may demand for a full understanding of the questions.

The plaintiff corporation was engaged in the lumber business. Its legal residence and place of the meetings of its hoard of directors was the city of San Francisco. It owned and' conducted a large lumber yard in San Pedro, and others in different towns in the southern part of the state. The general manager of its business was the defendant, Meriek Reynolds. From the date of the incorporation of the company in 1883 until October, 1889, Reynolds had occupied this position. His duties as such manager were regulated and prescribed by the ninth article of *79 the by-laws, which reads as follows: “The manager or managers shall be appointed by the board of directors, and shall hold office during the pleasure of the board. It shall be the duty of the manager or managers, under the…