Barstow v. City R. R.

Citations

• 42 Cal. 465

Syllabus

<p>Implied Promise oe Corporation—Circumstances and Relation cot Parties as Evidence.—In an action against a corporation to recover on a quantum, meruit for services performed, the situation of the parties at the time, and the relation, if any, in which they stood, of a business character or otherwise, are relevant and material circumstances; and the exclusion of competent testimony, tending to show such circumstances, is error. Services to Corporation by Director—By-Laws as Evidence.—In an action by Barstow against the City Railroad Company, to recover on an implied promise for alleged services performed by him, while a Director, in going to New York and negotiating a construction contract for the company, where it appeared that the President told him, previous to going, that he should be compensated: held, that a by-law of the company, to the effect that Directors should receive no compensation for services as Directors, though traveling expenses might be audited and paid, was relevant testimony for defendant, and its exclusion was error.</p>