Murray v. C. N. Nelson Lumber Co.

Morton, O. J.

In each of these cases, the first count of the plaintiff’s declaration is upon a written contract, executed in the name of the defendant corporation, by Charles N. Nelson, its president. It is conceded, and the Superior Court so ruled, that Nelson, who was president and general agent of the defendant corporation, had no authority as such to execute the contract. There was no vote, either of the corporation or of the directors, giving him such authority. Under the by-laws, the directors might confer upon him such authority, but they did not do so. The plaintiff contended that the…