207 Ky. 226 | Ky. Ct. App. | 1925
Opinion of the Court by
Affirming.
According to the allegations of the petition of appellee, James H. Kemmis, the appellant, Newark Shoe Stores Company, on the 28th day of March, 1921, contracted with him to work for it for a period of one year beginning on that date at $50.00 a week and certain expenses, and, under the contract, he immediately began and continued to work for it until October 15, 1921, at which time appellant discharged him in violation of the contract and refused to permit him to work for it. He diligently sought work from other sources but was unable to secure it, and by the violation of the contract he was damaged $1,206.75. By the petition he sought to recover that sum from it for the alleged violation of the contract pleaded. By answer appellant traversed the allegations of the petition. Trial before a jury resulted in a verdict for $900.00, on which judgment was duly entered, and appellant prosecutes this appeal.
The questions presented by this appeal require a brief statement of the facts. It appears that appellant
There is no controversy as to appellee having worked for appellant from March 28th until October 14th, during which time he was sent from city to city and engaged in carpenter’s work in remodeling store buildings for appellant; and there is no controversy as to appellant having summarily discharged him on October 14th.
It is insisted fo.r appellant that the court should have peremptorily instructed the jury to find for it on its own motion, upon the theory that the letter introduced by appellee was the only contract he had and that a proper construction of the letter constituting the contract is conclusive that the employment was not for a year but was merely from wreek to week. We have, however, the testimony of appellee himself and that of Perry to the effect that the contract was made between them after appellee reached Chicago and that appellee was employed to work for a period of one year. Under those facts this court is unable to hold that the trial court should have given the peremptory instruction offered by appellant.
It is insisted for appellant that the evidence for appellee as to the authority of its agent to employ him for a year was not sufficient to take the case to the jury. Perry’s testimony established beyond question his authority to bind appellant upon the contract made by him. His testimony established the fact that he was manager of construction for appellant and that all of its business in remodeling store buildings for its use was under his control; that he was given full authority by the general manager of all of appellant’s business to carry out the remodeling of its store buildings, and that he discussed the contract by which he employed appellee with Mr. Obendorfer, the general manager, before making the contract, and subsequently told him of having employed appellee for a year. Obendorfer, the general manager of appellant, did not testify in the case, and, as indicated,
“To sustain this contention counsel for appellant cite numerous authorities, in which it is stated that directors have no power to bind their corporations, except in formal meetings; that they have no power to delegate their discretionary powers to an official, and that the powers of an official are limited to those properly delegated to him by the directors. This is unquestionably the general rule, but upon the other hand, authorities are abundant that a corporation within its power may be bound by the manner in which it permits its officers in the regular course of business to conduct its. affairs,*230 even, though there is no formal delegated authority for such officer to so act, and this, too, even though the act of an officer was in violation of express and formal direction, if by subsequent action the board had ratified such action or had merely acquiesced therein.”
The instruction given clearly and concisely submitted to the jury the issues made by the pleadings and proof. The issues were determined by the’ jury, and it cannot be said that the verdict is flagrantly against the weight of the evidence.
For these reasons the judgment of the lower court is affirmed.