Fraylor v. Sonora Mining Co.
California Supreme Court
Appeal from the Fifth District. The facts appear in the opinion of the Court. Suit was commenced June 20th, 1860, and was for services rendered from August 20th, 1856 to August 15th, 1859. Plaintiff was a stockholder in the corporation during the time the services were rendered. Verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
This is an action upon an implied contract for the value of services rendered. The defendant is a corporation, and the services were rendered by the plaintiff in the capacity of secretary. The right of the plaintiff to recover rests alone upon the fact of the rendition of the services. On the trial of the ease, the defendant, to rebut the presumption of liability arising from this fact, offered to show that by the usage and custom of the corporation no compensation was chargeable for services of this nature. “ The agents of a corporation,” say Angelí &…
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