70 So. 206 | Ala. Ct. App. | 1915
To these contentions, after a consideration in banc of the evidence in the record, we cannot agree. As has often been held, a corporation, of necessity, can only act through its officers, agents, servants, or employees (L. & N. R. R. Co. v. Dawson, infra, 68 South. 674; Sullivan v. Sullivan Timber Company, 103 Ala. 372, 15 South. 941, 25 L. R. A. 543; Beard v. Union & American Pub. Co., 71 Ala. 60) ; and the statute (Code, § 5303) recognizes the president of a corporation as its official head. The evidence offered on the trial tended to show that Hart was not only president of the Bellevue Hotel Company, but that he was president of the Bellevue Highlands Company, and that, as such, he had granted certain concessions to Moore and others to sell their wares upon the property of the corporation and the streets thereof laid out as the “Bellevue Highland”; that during the controversy between Hart and Jones he declared to- Jones that he was in charge of the property, and ordered Jones to get off, and directed Moore to lead his wagon off of the property of the Bellevue Highlands Company. It was further shown that in all sales of property for the Bellevue Highlands Company made by Hart a provision was made in the conveyance forbidding the sale of “things” on the property or streets of Bellevue Highlands. The evidence was sufficient to afford an inference that the defendant Hart was president of the Bellevue Highlands Company, and that in seeking to eject Jones he was acting in the scope of his authority to protect the company’s property and the concessions that it had granted to Moore and others to sell their wares on the property and streets of Bellevue Highlands; that is, that Hart, as president of the corporation, “was about his master’s business,” and, if so, it was liable.—Bessemer Coal, Iron & Land
Application of the principles we have stated to the charges refused to the appellants and here complained of will demonstrate that they are either.unsound or not applicable to the case as presented on the pleadings and proof. .
We have considered all matters insisted upon in argument, and, as we find no error, the judgment of the city court is affirmed.
Affirmed.