Crusel v. Houssiere-Latreille Oil Co.

Citations

• 122 La. 913
• 48 So. 322
• 1909 La. LEXIS 623

Syllabus

<p>1. Jttd Ghent (§ 253*) — Conformity to Plead - INGS.</p> <p>Where, in a suit to recover compensation for services rendered under an alleged contract, ■plaintiff having offered evidence to establish the contract alleged, and defendant having offered ■evidence to prove that, under the alleged contract as interpreted by it, the compensation was fixed at a lower rate than that claimed, plaintiff acquiesces in such interpretation, and proves that otherwise the alleged contract was fully executed by him, he is entitled, under his prayer for “general relief,” to judgment for compensation on the basis established by such interpretation and acquiescence, and will not be driven to another suit for the recovery of the same.</p> <p>[Ed. Note. — For other cases, see Judgment, Dec. Dig. § 2o3.*]</p> <p>2. Cobporations (§ 406*) — Contracts op General Manager — Ratification.</p> <p>Where the business of a corporation, composed of a few persons, is loosely conducted, mainly by an officer called “general manager,” who is urged by the other members to make contracts and incur obligations on behalf of the corporation, pursuant to a policy approved by 'them, and' not ultra vires of the corporation, and, such an obligation having been incurred, and the consideration therefor having been accepted by the board of directors, composed of practically all the members of the corporation, and having inured to its benefit, the corporation will be considered bound therefor, originally and also by ratification.</p> <p>[Ed. Note. — For other cases, see Corporations, Cent. Dig. §§ 1611-1614; Dec. Dig. § 406.*]</p> <p>(Syllabus by the Court.)</p>