McAllister v. Pittsburgh Water Heater Co.

Citations

• 65 Pa. Super. 522
• 1917 Pa. Super. LEXIS 32

Syllabus

<p>Master and servant — Corporations—Employment of salesman— By-laws.</p> <p>Where the by-laws of a corporation give to the directors of a company the power to appoint clerks, agents and servants, and direct that the president shall have the general control and management of the business and affairs, but gives no power to the secretary to appoint agents, a person who corresponds with the secretary of the company and claims that as a result of such correspondence the company has contracted to employ him as a salesman for a definite period, cannot maintain an action against the company for salary where it appears that the action of the secretary had not been confirmed by the directors or president, and that the plaintiff had in fact rendered no services inasmuch as the company had not permitted him to enter upon his employment.</p> <p>The by-law of a corporation upon its adoption becomes written into the charter, and puts parties who deal with the corporation upon notice in trading with the officers of the corporation as to the extent of the power and agency of such officers, and this whether the specific by-law has been brought home to them or not.</p>