Boothe v. Summit Coal Mining Co.

Citations

• 72 Wash. 679
• 131 P. 252
• 1913 Wash. LEXIS 1538

Syllabus

<p>Corporations — Actions by Stockholders — For Benefit of Corporation. In an action by a stockholder on bebalf of htimself and others similarly situated, in which there is a favorable termination, the benefit of which goes to the corporation, plaintiff is entitled to recover a reasonable attorney’s fee and necessary disbursements, but such allowance will not be made to a stockholder owning half of the stock, in a controversy with the owner of the other half, in which a receiver was appointed on the theory of a partnership, and no one but the plaintiff was benefited by the result of the suit.</p> <p>Appeal — Decision—“Law of the Case.” Where the supreme court has decided, upon disputed evidence, the right of an officer of a corporation to draw a salary, the decision is the law of the case governing a retrial upon substantially the same evidence.</p> <p>Partnership — Compensation of Partners. A partner cannot claim compensation from the partnership in the absence of an agreement therefor, even if he renders exceptional services; especially where an agreement had been made whereby each was to draw a like amount each month.</p>