37 Wash. 625 | Wash. | 1905
Lead Opinion
This action was commenced by appellant, Albert O’Connor, against respondent, Sol. G. Simpson, to recover a sum alleged to be due for labor performed in doing certain assessment work, on certain mining claims on Tuttle Creek, in the District of Alaska, within the Arctic Circle, which claims were the property of the Cutter Bear Mining Company, a corporation. It is claimed by appellant that, at a meeting of the stockholders of said company, held in the office of respondent, in Seattle, Washington, it
Trial was had before the court without a jury. Appellant, having introduced his evidence, rested. Thereupon respondent moved for a nonsuit on two grounds: first, that there was no proof of any hiring of appellant on behalf of respondent; second, that there was no evidence on which the court could find any measure of recovery. The motion for nonsuit was granted, judgment was entered dismissing the action, and this appeal is taken.
We have carefully examined all of the evidence-, as disclosed by the statement of facts, and are of the opinion that the court erred in granting the motion and dismissing the action. The evidence is too voluminous to repeat here; but we will say there was undisputed testimony of a number of witnesses tending to show that Hadley was the agent of respondent; that, as such agent, he employed appellant; that appellant worked for a considerable period of time under such employment; and we also think there was
The judgment of the superior court is reversed, and the cause remanded, with directions to grant a new trial.
Mount, C. J., Rudkin, and Dunbar, JJ., concur.
Fullerton and Hadley, JJ., took no part.
Dissenting Opinion
(dissenting) — I feel impelled to dissent from the conclusion announced in this case by the majority of the court. Hadley’s agency was created solely by a conversation which occurred at the stockholders meeting, where respondent was present as president and stockholder of the corporation. All there present were stockholders, and they were discussing corporation business. When respondent then and there told Hadley to employ men to do this work, it is quite clear to my mind that he (respondent) was speaking as an officer of said corporation, and not in his individual capacity. All present were there for the express purpose of considering and dealing with affairs of the corporation. The fact that the corporation treasury was empty, and that respondent agreed to advance the corporation, or for its benefit, the money to pay for this