Horn v. Bennett

Action on contract to recover commissions for the sale of a business. The complaint was dismissed at the close of the plaintiff’s case on the ground, in effect, that the purchase of the business was an unusual or extraordinary matter which required authorization of the board of directors of the proposed corporate purchaser, that the president of that corporation was without authority, as such, to bind it as purchaser, and that in the absence of such authority there was no purchaser who was ready, willing and able to buy. While it may be that, on the proof adduced by the plaintiff, the…