Ryan v. Pacific Axle Co.

Citations

• 6 Cal. Unrep. 902
• 68 P. 498
• 1902 Cal. LEXIS 899

Syllabus

<p>Corporate Officer—Action for Salary—Self-serving Declaration. In an action against a corporation for salary as secretary, defended on the ground that the claim therefor had been waived by special agreement, a statement prepared by a bookkeeper of defendant at plaintiff’s request containing entries of amounts of salary due on the debit side of the ledger in favor of plaintiff was a self-serving declaration, whose admission was prejudicial error.1</p> <p>Appeal—Harmless Error.—A Case Having Been Tried on the Theory that a particular issue was presented, a party cannot claim on appeal that there was no such issue, for the purpose of claiming as harmless error in admitting evidence thereon.</p> <p>Corporate Officer—Waiver of Salary.—To Sustain the Eight of the secretary of a corporation to claim a salary for his services after he had waived the right thereto by a special agreement with other officers, whereby each was to do likewise, it cannot be shown that another officer had received money from it by reason of questionable transactions.</p>