Mass v. Special Machine & Tool Co.

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.