David Josiah Brewer

“ Lea Owsley, who was foreman at the ranch, testified that the plaintiff was 'general manager of the business,' 'made all contracts or everything that came on the ranch,' 'collected the bills,' 'bought the feed, hay, and grain,' and 'had general charge of everything,-land, cattle, ranch, and everything.'
Neither the charter nor the by-laws of the corporation cast any special duties on the vice president or director. The vice president was only required to act in the absence of the president, and no special duties of management were in terms cast upon the president. ”

“ It is enough that the jury, by their verdict, have practically affirmed the truth of plaintiff's story, and that shows an understanding, on the part of the parties in interest, that he was to receive compensation for his services as manager, and that the two parties who owned substantially all the stock and properties of the corporation attempted to make an arrangement in respect to such compensation, which arrangement proved a failure, and, proving a failure, left the corporation under the implied obligation to pay for the services. ”

“ It is unnecessary to refer to the testimony which tends to weaken the scope of these general statements of the plaintiff and the foreman, because such conflict presents but a mere question of fact, upon which the verdict of the jury is conclusive. It is enough to sustain the verdict that there was positive, direct testimony to the existence of the facts as found. Neither is it clear, as contended by the defendant, that this claim for compensation as general manager was an afterthought, and in retaliation for a claim made by Kerr, the president, for interest ”