Appellate Division of the Supreme Court of New York, 1918

Mass v. Special Machine & Tool Co.

Mass v. Special Machine & Tool Co.
Appellate Division of the Supreme Court of New York · Decided July 15, 1918
185 A.D. 895
Mass v. Special Machine & Tool Co.

Opinion of the Court

There is no proof of any contract to be carried out by the defendant. The contract, if any existed, was the individual contract of the promoters. Plaintiff testified that these promoters said, “ If you do that, each one of us will give you a share.” There was, therefore, no contract made on behalf of the corporation which it could subsequently ratify. The testimony was also insufficient as a basis for a finding of ratification. Jenks, P. J., Thomas, Mills, Kelly and Jaycox, JJ., concurred.

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