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COLLINS v. PARKTON COMPOUND BOILER CO. (06/15/61)

June 15, 1961

COLLINS
v.
PARKTON COMPOUND BOILER CO., INC., APPELLANT.



Appeal, No. 3, Feb. T., 1961, from judgment of County Court of Lackawanna County, Nov. T., 1958, No. 481, in case of Russell C. Collins, Jr. v. Parkton Compound Boiler Co., Inc. Judgment affirmed.

COUNSEL

Christopher T. Powell, for appellant.

Thomas M. Hart, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Rhodes

[ 195 Pa. Super. Page 365]

OPINION BY RHODES, P.J.

This is an action by the plaintiff, Russell E. Collins, Jr., against the defendant corporation for compensation

[ 195 Pa. Super. Page 366]

    for work performed in an executive capacity from February 13, 1957, to May 9, 1958. Defendant denied that plaintiff was employed in an executive or managerial capacity. The case was tried before President Judge HOBAN and a jury which returned a verdict for the plaintiff of $3,000. Defendant moved for a new trial, which motion was summarily denied, and having filed a request for binding instructions at the trial, moved for judgment n.o.v. The court in banc dismissed the motion for judgment n.o.v., and defendant appealed to this Court from the judgment.

Defendant contends (1) that the evidence does not disclose any ratification by the board of directors of the appointment of plaintiff in an executive or managerial capacity as made by certain officers and stockholders of the company; (2) that plaintiff has not met the burden of proving a hiring, performance of managerial duties, or the value of his services in a managerial capacity; and (3) that the plaintiff cannot recover on quantum meruit for his services.

A review of the facts, viewed in a light most favorable to the verdict, discloses the following:

For some time prior to February 21, 1957, Collins had been employed as auditor for the defendant corporation, a relatively small operation in Clarks Summit. This corporation being in difficulties, Collins was requested to make recommendations. As a result of a conference with three of the officers of the company, who were also owners of the majority of the outstanding capital stock, Collins brought into consultation Leo A. Southard, ...


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