Morse v. Fall River Line Pier, Inc.

These are the defendant’s exceptions in an action of contract in which the plaintiff had a verdict for breach of a contract for his employment as pier manager for three years from March 1,1957.

1. The defendant’s motion for a directed verdict was rightly denied.

The defendant relies on the absence of any action by directors valid to impose an obligation upon the corporation. The evidence shows at best a de facto board. The directors who acted to make the contract should have been elected by the members (an ex officio board of ten Fall River officials) but were elected by the directors. When the…