Legal Opinion

Foltz & Fuller, Inc. v. Fuller

Court of Appeals for the D.C. Circuit

Decided January 2, 1912No. 2320Published

Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, upon verdict, in an action ex contractu. Tbe Court in tbe opinion stated tbe facts as follows: Tbis is an appeal from a judgment in tbe supreme court of tbe District upon a verdict for tbe plaintiff, Caleb W. W. Fuller, appellee bere, in an action growing out of a contract.

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Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, upon verdict, in an action ex contractu. Tbe Court in tbe opinion stated tbe facts as follows: Tbis is an appeal from a judgment in tbe supreme court of tbe District upon a verdict for tbe plaintiff, Caleb W. W. Fuller, appellee bere, in an action growing out of a contract. Tbe evidence of tbe plaintiff was to tbe effect that Elbie K. Eoltz, Pierre M. Foltz, and bimself, in March, 1910, organized tbe defendant corporation; that at an informal meeting of tbe incorporators immediately…

1Opinion of the CourtJustice Robb

The jury having accepted the plaintiff’s evidence as against that of the defendant, the only question before us is whether that evidence was sufficient to establish a contract or hiring for one year. There was evidence of a preliminary meeting of these incorporators, and evidence tending to show that it was there tentatively understood and agreed that plaintiff was to be employed by the corporation when formed for at least one year. The organization of the corporation closely followed this preliminary meeting, and the record of the proceedings of the first meeting, which we must here accent…

2Cases cited4 opinions

  1. Orr v. WardIllinois Supreme Court · 1874
  2. McCullough Iron Co. v. CarpenterCourt of Appeals of Maryland · 1887
  3. E. I. Du Pont Co. v. WaddellCourt of Appeals for the Fourth Circuit · 1910
  4. King v. RailroadSupreme Court of North Carolina · 1906

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