129 Minn. 353 | Minn. | 1915
This action is brought to recover on account of breach of contract of employment. Plaintiff claims that on January 27, 1914, he was hired by defendant as chief accountant and cashier for one year at a salary of $125 a month. He worked one month and was discharged, and he now sues for two monthly instalments of salary, less the amount earned by him in other employment. Plaintiff recovered a verdict. Defendant appeals from an order denying its motion for judgment or for a new trial.
The principal question is whether the evidence of employment is sufficient. It is undisputed that on said January 27 Edward Preston, assuming to act on behalf of the corporation, did hire plaintiff for one year at the salary mentioned. The crucial question is whether Preston had authority to bind the defendant by such a contract.
The negotiations commenced about January 20, 1914. The defendant is a corporation. Preston was at that time a director of the-corporation and its treasurer. On January 26, at the annual meeting of the stockholders, he was re-elected as a director. He was not re-elected as treasurer but was elected vice-president instead. Hp to January 26, E. H. Cosgrove was president of the corporation. After that time A. H. Ruhnke was president. It is not contended that Preston, either as director, or as treasurer or as vice-president, had any implied authority to hire plaintiff. The question is, did he have express authority?
The question whether defendant offered plaintiff employment of a similar nature which plaintiff should have accepted was, under the evidence, a question of fact for the jury.
The only question on this appeal is the question of the sufficiency of the evidence to sustain a verdict for the plaintiff, and we find the evidence sufficient.
Order affirmed.