Saunders v. United States Marble Co.

Citations

• 25 Wash. 475
• 65 P. 782
• 1901 Wash. LEXIS 419

Syllabus

<p>PLEADING — DUPLICITY-ELECTION OF DEMEDIES — ACTION AGAINST CORPORATION.</p> <p>Where a plaintiff brings suit upon an express contract alleged to have been made with him by a corporation, the fact that he also alleges, by way of ratification and estoppel, the acts of the corporation in accepting and retaining the benefits flowing from such contract would not render his complaint faulty on the ground of duplicity, and subject to a motion for an election of remedies, when there are no specific allegations concerning ratification, acquiescence, or estoppel, and nothing in the complaint to indicate that plaintiff was seeking to recover on those grounds.</p> <p>CORPORATIONS-ACTIONS FOR BREACH OF CONTRACT-AUTHORITY OF OFFICER — NON-SUIT.</p> <p>One seeking to enforce the liability of a corporation on a contract alleged to have been made by it should not he non-suited for failure to show that the contract was authorized by the corporation, when the evidence shows that it was entered into on behalf of the corporation by its secretary and treasurer, who also at the time occupied the position of general and financial manager of the company, and was entrusted by the board of trustees with the general management of its affairs, since the relations of such officer to the corporation and its course of dealing through him raised a question for the jury to determine whether he was authorized to make the contract in controversy.</p> <p>SAME —FAILURE TO DELIVER STOCK — MEASURE OF DAMAGES.</p> <p>In an action for damages for breach of contract to deliver shares of stock, a verdict based on evidence showing the actual selling price of the stock about the time of plaintiff’s demand for its delivery could not be deemed as awarding excessive damages.</p>