Argo Manufacturing Co. v. Parker

Citations

• 52 Wash. 100
• 100 P. 188
• 1909 Wash. LEXIS 1081

Syllabus

<p>Mechanics’ Liens • — - Personal Liability — Judgment — Joint or Several Judgment. In an action to foreclose a mechanics’ lien, it is error to enter a joint judgment for the value of the material against the several owners of two houses to whom the material was delivered in common and so charged against them, where it was agreed that, the houses being identical, the delivery should be in common, but that each should pay one-half of the value thereof, to be taken out of their several salaries, each being employed by the plaintiff.</p> <p>Corporations — Contracts — Employment of Officer — Implied Contract for Wages — Payment—Burden of Proof. An officer and stockholder owning only two shares of stock, who .is employed to work for the company, is presumed to be entitled to reasonable wages, which he may recover or offset upon showing the rendition and value of the services; the burden of showing payment being upon the company.</p> <p>Same. Where a corporation made salary payments to each of its officers from time to time, an officer devoting all his time to the business, as president and general manager, is entitled to offset any balance due for wages, at their reasonable value, against the value of material sold to him by the corporation.</p> <p>Same — Wages Due Stockholders — Estoppel—Recitals in Bill of Sale. In a bill of sale of the assets of a corporation, joined in by the stockholders, the recital that the corporation is in no way indebted to the stockholders operates as an estoppel against claims by the stockholders for wages due them from the corporation.</p> <p>Same — Contracts—Sales by General Manager to Himself— Ratification. The sale of material to himself by a general manager of a corporation, is ratified by the corporation by suit brought to recover the value of the material.</p>