29 Pa. Super. 626 | Pa. Super. Ct. | 1905
Opinion bt
The defendant is a religious corporation. The plaintiff’s claim is for a portrait alleged to have been bought by its president. The constitution and by-laws of the corporation provide that “ the Board of Trustees shall have the entire charge, management and control of the Congregation’s affairs and property. . . . They shall have power to make all necessary repairs and purchases provided the cost of the same do not, in any one
The defendant’s second point (fifth assignment) requested the court to give binding instructions for the defendant under all the evidence. ■ The question for our consideration under this assignment is whether there is any evidence of ratification. The plaintiff alleged that the portrait was sold in January, 1898, to Mr. Lewin, then president of the defendant corporation. Mr. Lewin died soon after and Mr. Mertz was elected president. The facts relied on to establish a ratification of Mr. Lewin’s act are that after Mr. Mertz became president, the plaintiff had a conversation with him with reference to the purchase of the portrait and payment therefor in which Mr. Mertz said that he knew all about the arrangements that were made, and the further fact that the portrait was hung in a reception room in the synagogue of the defendant. It appeared from the evidence that after the portrait was painted it was hung there for exhibition from the spring of 1896 until the spring of 189T, or about that time, by the artist and owner and for his accommodation. It was afterwards taken to Nashville, Tennessee, to be exhibited, and returned to the plaintiff who again hung it in the same place in the synagogue where it had theretofore been. The return of the portrait to the synagogue,
The evidence of Mr. Mertz does not strengthen the plaintiff’s case. The powers of the president of the defendant corporation are restricted, as shown by the by-laws, and admissions
After a careful examination, we are of opinion that the plaintiff has not presented evidence from which the jury is warranted in finding a ratification of the alleged contract of the president of the defendant corporation. The fifth assignment is sustained and the judgment reversed.