Clark v. Freeport Clays, Products & Minerals Co.
Superior Court of Pennsylvania
Appeal, No. 80, April T., 1912, by defendants, from judgment of C. P., Armstrong Co., March T., 1911, Nos. 80 and 81, on verdict for plaintiff in case of S. F. Clark v. Freeport' Clays, Products and Minerals Company, a Corporation, and Jennings Dewitt. Assumpsit for commissions. The contract upon which the suit was brought was as follows: “Mr. S. F. Clark, “ Freeport, Pa.
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Appeal, No. 80, April T., 1912, by defendants, from judgment of C. P., Armstrong Co., March T., 1911, Nos. 80 and 81, on verdict for plaintiff in case of S. F. Clark v. Freeport' Clays, Products and Minerals Company, a Corporation, and Jennings Dewitt. Assumpsit for commissions. The contract upon which the suit was brought was as follows: “Mr. S. F. Clark, “ Freeport, Pa. “ Dear Sir: I the undersigned hereby agree and promise the said S. F. Clark that upon his procuring the sum of $5,000 for the Freeport Clays, Products and Minerals Co., upon a certain bond and mortgage to be executed by its…
1Opinion of the Court
Opinion by
Henderson, J.,
The evidence presented at the trial makes it clear that Jennings DeWitt who was the vice president and general manager had the unrestrained control of the affairs of the corporation. There was no president; there had been but one meeting of directors; there were neither articles of association nor by-laws, and we do not find any evidence that Runkell, the secretary, and Rustler, the treasurer, were stockholders. According to the evidence presented all the outstanding stock of the company of the par value of $100,000 was issued to DeWitt, who gave therefor $2,500 in…
2Cases cited2 opinions
- Chestnut Street Trust & Saving Fund Co. v. Record Publishing Co.Supreme Court of Pennsylvania · 1910
- First National Bank v. Colonial Hotel Co.Supreme Court of Pennsylvania · 1910
3Cited by1 opinion
- Bowders v. Hagerstown & Frederick Railway Co.Superior Court of Pennsylvania · 1918