Blom v. Blom Codfish Co.

Citations

• 71 Wash. 41
• 127 P. 596
• 1912 Wash. LEXIS 687

Syllabus

<p>Appeal — Review—Harmless Error — Election. In an action tried to tbe court, it is not prejudicial error to refuse to compel tbe plaintiff to elect between a cause of action upon an implied contract for services rendered, and a second cause of action upon a promissory note alleged to bave been given as collateral security for tbe account due for services, where judgment was asked only upon tbe first cause of action and tbe note was ignored at tbe trial and in tbe decision.</p> <p>Evidence — Documentary Evidence — Books of Account — Implied Contract. Books of account, openly kept by a general manager of a corporation for five years during wbicb be bad full charge of tbe business, containing entries crediting himself with a monthly salary, are admissible as tending to show an implied contract to pay a reasonable sum for his services, when the books were open to the inspection of the officers and trustees of the corporation, who made no objection thereto except an objection to one raise in the salary.</p> <p>Same. Books of account, kept by a general manager of a corporation, are admissible for the purpose of showing the charges and credits against and in favor of the manager, since deceased, where, although not kept with the skill of an expert, they fairly show the transaction of the business covering a period of five years during which he was in control and the books had been at all times open to inspection of the officers, who made no objection thereto.</p> <p>Corporations — Officers — Employment — Implied Contract. Where a president and trustee of a corporation rendered services as a general manager with the consent of the other officers, he can recover on an implied contract for services as general manager, without any express contract therefor.</p> <p>Corporations — Officers—Services—Salary—Forfeiture for Fraud. Failure of a general manager working on a regular salary, to charge himself on the books with all the items properly chargeable to him, does not necessa