Pennsylvania Oil Co. v. Pure Oil Co.
Pennsylvania Oil Co. v. Pure Oil Co.
Opinion of the Court
The title of the Pennsylvania Oil Company to the articles in question was derived from the action of their managing director Webster, who bargained for them with the Lewis Emery Oil Company, and joined in the execution of a sealed contract with that company with the seals of both companies attached, and signed by Webster as general manager, attested by Terry as secretary. By the terms of this agreement there was a cash payment of $500 and a note for $4,423.92, given as consideration for the sale of the articles. The Pennsylvania Oil Company took and kept possession of the goods and did business with them for several months, when being unable to pay the note, it was decided to return the goods to the Emery Oil Company, and thereafter to take a lease from that company of their plant and also of all the articles in question and other personal property. This also was done by a formal lease and agreement
Judgment affirmed.
Reference
- Full Case Name
- Pennsylvania Oil Company v. Pure Oil Company
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Corporations—Contract—General manager. Where the general manager of a corporation, with extensive powers, sells in good faith and to the best interest of the company a portion of its assets, and the sale is known to the officials, and is never afterwards questioned or disaffirmed by any corporate action, an assignee for creditors of the corporation cannot repudiate the agreement, and recover back the property without restoring the consideration, merely because the stockholders did not authorize the transaction.