Supervision Co. v. Mogelewsky

Plaintiff brought an action against the defendants for electric current furnished by it to the defendants from March 1, 1930, to July 10, 1930. After due trial, the complaint was dismissed on the merits against the defendant Mogelewsky, and the defendants Katz and Auerbach were allowed to plead ultra vires. The trial court finds the facts in favor of the plaintiff, and the only question is whether the plea of ultra vires can prevail.

A contract was entered into between the plaintiff, a business corporation, and the defendants Katz and Auerbach, about twelve years prior to the commencement of…