Kansas City Paper House v. Foley Railway Printing Co.

Citations

• 85 Kan. 678
• 118 P. 1056
• 1911 Kan. LEXIS 135

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Corporations — Private Account of President — Transferred to Corporation. Where a corporation through its president asks that an account owing to him personally by the holder of its note be credited thereon, this amounts to a transfer of • the account from the president to the corporation, and in an action upon the note the plaintiff can not object to the account being used as an offset, on the ground that no formal assignment had been made.</p> <p>2. Referee’s Report- — Erroneous Conclusions — Evidence. Where a referee sustains a motion to strike out certain testimony that has been introduced at the trial, and no order is made reinstating it, such testimony can not be considered by the court in determining whether there was any evidence to sustain the finding of the referee.</p> <p>3. Contracts — Selling Goods to Public Board — Agency—Contingent Compensation — Public Policy. An agreement to pay for services in selling goods to a public board, which does not contemplate the exercise of personal or political influence, and in the carrying out of which no such influence is in fact exerted, and which is otherwise unobjectionable, is not rendered void because the salesman’s compensation is made to depend upon the success of his efforts, or because he makes a legitimate argument to one of the members of the board while the others are not present.</p>