Chiles v. United States Furniture Manufacturing Co.
Supreme Court of North Carolina
Appeal by plaintiff from Justice, J., at February Term, 1914, of Buhcombe. Civil action to recover for value of services rendered by plaintiff for defendant. It appeared in evidence that plaintiff was president of defendant corporation and sued for bis, salary or wages of $500 per month, as due per contract for services in taking orders and making sales of furniture for defendant corporation.
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Appeal by plaintiff from Justice, J., at February Term, 1914, of Buhcombe. Civil action to recover for value of services rendered by plaintiff for defendant. It appeared in evidence that plaintiff was president of defendant corporation and sued for bis, salary or wages of $500 per month, as due per contract for services in taking orders and making sales of furniture for defendant corporation. At close of the testimony, on motion of defendant, there was judgment of nonsuit, and plaintiff excepted and appealed.
1Opinion of the CourtHoiie, J.
Tbe cases on tbe subject very generally bold tbat an officer of a corporation, for services in tbe course and scope of bis official duties, can only recover wben compensation tberefor bas been authoritatively agreed upon in advance. It is not always required tbat a definite sum be fixed upon, but there must be a previous agreement for compensation existent or in some way expressed so as to bind tbe company. For such services there can be no recovery on a quantum meruit, as ordinarily understood and applied. Caho v. R. R., 147 N. C., 20, and authorities cited.
There is a line of decisions to…
2Cases cited4 opinions
- Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1901
- Caho v. Norfolk & Southern Railway Co.Supreme Court of North Carolina · 1908
- Brown v. Creston Ice Co.Supreme Court of Iowa · 1901
3Cited by3 opinions
- Fountain v. County of PittSupreme Court of North Carolina · 1916
- Borden v. City of GoldsboroSupreme Court of North Carolina · 1917
- North Carolina Agricultural Credit Corp. v. BoushallSupreme Court of North Carolina · 1927