159 Mo. App. 33 | Mo. Ct. App. | 1911
This is a suit on quantum meruit for the reasonable value of services rendered by plaintiff as manager of defendant’s hotel. At the conclusion of the evidence on the part of the plaintiff, the court peremptorily directed a verdict for defendant and plaintiff prosecutes the appeal. ’
The present suit was filed in the month of May, 1905, but the case was continued from time to time in the circuit court until but recently when the trial was had, with the result stated. During the year 1904, the Louisiana Purchase Exposition Company conducted, what is known as the World’s Fair at St. Louis, and defendant hotel company had a concession from it which permitted the operation of the hotel known as the Inside Inn within the. fair grounds. Defendant’s hotel was a very large one and contained 2360 rooms. In- and about it, there were employed from 800 to 1000 persons and it entertained as many as 3800 guests at one time. Though it was but a temporary frame structure erected for World’s Fair purposes, it was a high class institution in point of fare and service, and enjoyed a very great patronage. Indeed, it is said that its gross receipts during the seven months of the World’s Fair were $1,400,000. Defendant hotel company was under the management of Mr. E. M. Statler, its president, who employed plaintiff for the season as assistant manager of the' hotel at a salary of $200 per month.- The World’s
The trial court obviously directed a verdict for defendant on the theory that the duties of manager which he performed were within the contract of plaintiff’s original employment as assistant manager, for in no other view can the judgment be sustained. The entire contract by which plaintiff was originally employed is to be found in certain telegrams and a letter. While plaintiff was employed at the Garden Hotel, at Atlantic City, New Jersey, Mr. Statler, defendant’s president, telegraphed him March 21, 1904, as follows:
“Do you feel capable and willing to act as one of my assistant managers at your present salary; answer.”
Plaintiff immediately replied thereto by wire as follows:
“Perfectly willing and hope to prove capable in position named under your direction. Understand salary is to be- two hundred dollars per month. Big*37 Easter season coming on, and cannot be with you until April fifth or tenth. Please answer fully by letter. Many thanks for your offer.”
To this telegram defendant’s president, Mr. Stabler, answered forthwith by wire as follows:
“Your understanding of offer correct; letter follows.”
On the same date as that borne by the last telegram quoted, March 22, 1904, Mr. Statler, defendant’s president, wrote plaintiff the following letter, which sets forth all three of the telegrams and constitutes the original contract of employment between the parties:
“St. Louis, March 22nd, 1904.
“Mr. Harry Wateham,
Garden Hotel, Atlantic City, N. J.
“Dear Sir: — We wired you, on Saturday, as follows: ‘Do you feel capable and willing to act as one of my assistant managers at your present salary? Answer.’ We have your telegram in reply, saying: ‘Perfectly willing and hope able to prove capable in position named under your direction. Understand salary is to be two hundred dollars per month. Big Easter season coming on. Cannot be with you until April 5th or 10th. Please answer' fully by letter. Many thanks for your offer.’ To this, we wired you in reply:' ‘Your understanding of offer correct. Letter follows,’ all of which we beg to confirm.
“On your telegram, we will consider the position of an assistant to myself in the management of the hotel closed, and, while we do not wish to inconvenience you in any way, we believe that it will be best for you, for me and for the hotel, that you should come on at as early a date as you can. Your salary to be $200 per month.
“While I expect to maintain the general management of the house, I expect to delegate to you, as my assistant, the usual duties of manager, and shall ex*38 pect to leave to your judgment the employing of a large part of the help of the hotel. Looking to this end, then, I would' add that we had a room clerk under consideration when we decided to make you the above offer as assistant manager. On receipt of your acceptance of the position offered, it has occurred to us that you might have a room clerk in your mind that you could thoroughly recommend, as to experience, ability, and whom you would like to have work in that position under your management. If you have such a man in your mind, and can thoroughly recommend him yourself, we shall be glad to have him communicate with us in regard to the position.
“We might add that we have one room clerk engaged, and would not decide at the outset, whether any- one else coming in would be the chief, or work on an equal basis with the one already engaged. There is no doubt but that the position of chief room clerk at ‘The Inside Inn’ needs a man of pronounced ability in his line. It might, possibly, be advisable to have two men work on an equal basis, the one eventually taking the place of chief who shows himself best fitted to fill it.
“We are sending, for your information, the booklet advertising the hotel, which you have undoubtedly already seen; ground plan of the Fair, picture of the hotel made from the architect’s drawings, and another print taken from a water color. We hope you will have all this advertising learned by heart by the time you are ready to come to us. If the proof of the floor plans, now in the hands of the printer, arrives this afternoon, as we hope it will, we will enclose that also. We attach a sheet showing the suites of rooms with private bath attached.
“We are sending you, under’ separate cover, 25 booklets, like the enclosed, as we think you may do us some good among the people in your hotel before you leave. Of course we hope to have all our em*39 ployees who are with ns in important positions use their personal influence to have their friends and acquaintances register at ‘The Inside Inn.’
“Trusting that the business arrangement entered into between yourself and this company may be a satisfactory one for both sides, we remain,
Yours very truly,
The Inside Inn Co.,
By E. M. Statler, President.”
Plaintiff came to St. Louis about the 9th of April, and immediately undertook the discharge of bis duties as assistant manager of the hotel under Mr. Statler, in which capacity he continued until Mr. Statler was injured on April 30th. Immediately thereafter, on May 1st, by direction of Mr. Hayes, treasurer of defendant and trustee for the bondholders, plaintiff assumed the duties of manager of the hotel, and the evidence is quite conclusive to the effect that he discharged them for the' full term the hotel was open, or until December 1, 1904. Among other things, the letter from Mr. Statler to plaintiff above quoted, recites, “While I expect to maintain the general management of the house, 1 expect to delegate to you, as my assistant, the usual duties of manager and shall expect to leave to your judgment the employing of a large part of the help of the hotel.” On this recital in the letter, defendant relies and insists that though plaintiff was employed as assistant manager the contract stipulated he was to perform the duties of manager as well for the same compensation. We are not so persuaded, for it does not recite that plaintiff was to assume all of the duties of the manager, but, on the contrary, implies he was to perform part of them only. The very portion of the letter relied upon by defendant says that Mr. Statler expected to maintain the general management of the house and, while he expected to delegate to plaintiff as his assistant the usual duties of manager and the employment of a part of the
Defendant corporation is and was at the time controlled by a board of directors consisting of three persons, Mr. Statler, the president, Mr. Hayes, the treasurer, and Mr. Kellogg, its secretary. There was no vice-president. By a contract between defendant corporation and the bondholders, who financed the venture, it appears to have been provided that full and complete authority as to the management and conduct of the corporation was conferred upon Mr. Hayes, its treasurer, in the event Mr. Statler should become disabled from any means. Besides being treasurer of the corporation, Mr. Hayes, under this contract, was also trustee for the bondholders and had complete charge of the financial affairs of the company. Plaintiff testified that, immediately after Mr. Statler became incapacitated, Mr. Hayes, the treasurer, who succeeded to full control, instructed him to take charge of the hotel as manager and telegraphed Mr. Kellogg, the other director, to this effect and he consented thereto. Plaintiff testified, too, that a few days thereafter both Mr. Hayes and Mr. Kellogg came into his office at the hotel and Mr. Kellogg stated in the presence of Mr. Hayes that they were highly satisfied with his conduct of the hotel and that he had carte blanche to do the best he could with it and stated furthermore that they would take care of him. It further appears from both the testimony of plaintiff and Mr. Hayes, the treasurer and trustee for the bondholders, that all of, the heads of the departments were called together immediately after Mr. Statler’s misfortune and instructed by Mr. Hayes to look to