57 Ind. App. 136 | Ind. Ct. App. | 1914
The second paragraph of complaint on which this case was tried, hereinafter referred to as the complaint, is as follows: “* * * plaintiff complains of the defendant and says that the defendant is a corporation organized tinder the laws of the state of Ohio. That on the 11th day of November, 1909, plaintiff and defendant entered into a written contract whereby, among other things, the defendant employed plaintiff to devote his time and service in securing a factory location together with a franchise for electric light and power plant, at and for the consideration-therein stated of four thousand dollars, payable in cash upon the delivery and acceptance by said defendant of said franchise, a copy of which said written contract is filed herewith, made a part hereof and marked exhibit ‘A’. That after the execution of said written contract as aforesaid plaintiff did devote his time and service in securing a factory location together with a franchise for electric light and power plant, all as provided for in said written contract, and did secure location and franchise, which was received and accepted by said defendant. That said defendant has wholly failed and refused to pay to plaintiff said sum of four thousand dollars for his services, as in said contract provided. Wherefore, ’ ’ etc. That part of the exhibit important in the determination of the questions herein considered, provides as follows: “The party of the first part (appellant) does hereby and by this instrument appoint, name and constitute party of the second part (appellee) as its exclusive financial agent or representative for the sale of $50,000 worth of its issue of 5 per cent preferred stock, said agency hereby created being by the parties hereto partially based upon the third paragraph of the proposal of the party of the first part to the citizens and Commercial Club of Redkey, Indiana, which proposal was duly accepted by said citizens and .Commercial Club of Redkey, Indiana, wherein the said citizens
We assume that the other points stated by appellant in
In the case under consideration the evidence shows or strongly tends to show that the officers of the corporation who were instrumental in the employment of appellant, and who, as such officers, signed the contract in suit were among the principal stockholders of such corporation; that such corporation received and yet retains in whole or in part the factory site purchased through appellant, and the full benefit of all the services performed by him under such contract. Nothing appears from this evidence that can be said to in any manner indicate any condition of public policy which would require the court to look with favor on appellant’s said defense. Other reasons are suggested by appellee why the judgment below should be affirmed, which we deem it unnecessary to consider, because we think those already indicated together with the Indiana authorities cited in support thereof are sufficient to show rhat the errors relied on and presented by appellant’s briefs do not warrant a reversal of such judgment.
The judgment below is therefore affirmed.