DeForest v. Northwest Townsite Co.
Supreme Court of Pennsylvania
Appeal, No. 3, Jan. T., 1912, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T., 1911, No. 3850, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles M. DeForest v. Northwest Townsite Company. Assumpsit to recover damages for breach of a contract to employ the plaintiff for a stated period.
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Appeal, No. 3, Jan. T., 1912, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T., 1911, No. 3850, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles M. DeForest v. Northwest Townsite Company. Assumpsit to recover damages for breach of a contract to employ the plaintiff for a stated period. Daniel F. Deal, the treasurer of the defendant, filed an affidavit of defense which was as follows: In and by said statement plaintiff avers that on or about the 26th of May, 1911, the defendant, through its president, George M. Bailey made a…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
Judgment was entered in the court below for want of a sufficient affidavit of defense, and the question here is whether this was error. Suit was brought to recover an alleged balance claimed to be due on a guaranteed annual salary. The contract sued on was made by the president of the corporation without the authority of the board of directors. It is contended for the corporation that no liability attaches to it because the contract was made without authority; while, on the other hand, the appellee here, who was a party to the contract, urges that even if the…
2Cases cited4 opinions
- Manhattan Hardware Co. v. Phalen, Pennsylvania Court of Common Pleas, Berks County1889
- Kelsey v. National Bank of Crawford Co.Supreme Court of Pennsylvania · 1871
- Wayne Title & Trust Co. v. Schuylkill Electric Railway Co.Supreme Court of Pennsylvania · 1899
- Greensboro Gas Co. v. Home Oil & Gas Co.Supreme Court of Pennsylvania · 1908
3Cited by5 opinions
- Seiss v. McClintic-marshall Corp.Supreme Court of Pennsylvania · 1936
- KoEune v. State Bank of Schuylkill HavenSuperior Court of Pennsylvania · 1938
- DeForest v. Northwest Townsite Co.Supreme Court of Pennsylvania · 1913
- Landis v. Brick & Tile Co.Superior Court of Pennsylvania · 1925
- Collins v. Parkton Compound Boiler Co.Superior Court of Pennsylvania · 1961