McKean v. Riter-Conley Manufacturing Co.

Supreme Court of Pennsylvania
McKean v. Riter-Conley Manufacturing Co., 230 Pa. 319 (Pa. 1911)
79 A. 561; 1911 Pa. LEXIS 609
Brown, Elkin, Mestrezat, Moschzisker, Potter, Stewart

McKean v. Riter-Conley Manufacturing Co.

Opinion of the Court

Per Curiam,

The appellant was one of the directors and the general manager of the defendant company, and in this proceeding, instituted by him for an accounting, his contested claim is the one he makes for an increase in his salary as general manager from October 1, 1901. His right to recover this depended entirely upon his ability to show in the court below an express contract or agreement by the company employing him at that time to thereafter pay him more than he was then receiving for his services. He makes no claim — as, of course, he could not — on a quantum meruit for the increase in his fixed salary, and he was bound to know the provision in the by-laws of his company which declares that its board of directors shall have the management of the business of the corporation and fix and, from time to time, change the salary or emoluments of its managers, subordinates, assistants, agents and servants. Among the findings is one that the board of directors of the defendant company never authorized an increase in the appellant’s salary, and the decree is affirmed on the first three conclusions of law logically reached by the learned trial judge in view of the facts correctly found by him.

Appeal dismissed at appellant’s costs.

Reference

Full Case Name
McKean v. Riter-Conley Manufacturing Company
Cited By
2 cases
Status
Published
Syllabus
Corporations — Increase in salary — General manager — Board of directors — By-laws. The right of a director in a corporation, who is also its general manager, to recover for an increase in salary in the latter position, depends upon his ability to show an express contract or agreement by the corporation to increase his salary; and when it appears that the by-laws of the company declared that its board of directors should have the management of the business of the corporation and, from time to time, change the salary or emoluments of its managers, such a claim is barred by a finding that the board of directors never authorized such an increase.