Evans v. Marden

Mr. Presiding Justice Shepard

delivered the opinion of the Court.

Marden, the appellee, brought his suit in assumpsit against the appellant and the South Dakota Hot Springs Company for services as manager of the “Hotel Evans” at Hot Springs, South Dakota. Evans, the appellant, was president of the hotel company, and seems to have controlled the corporation.

Whatever the contract may have been, it was made between Evans, acting either for himself or the corporation, and Marden. At first the arrangement seems to have been that Marden should operate the hotel as proprietor, but the final…