Farjeon v. Indian Territory Illuminating Oil Co.

Headnote

Far jeon v. Indian Territory III. Oil Co., 154 App. Div. 936 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme .Court in the first judicial department, entered January 24, 1913, affirming a judgment in favor of defendants, respondents, entered upon a dismissal of the complaint as to them by the court on trial at Special Term in an action for an accounting, and to recover commissions under and pursuant to an alleged agreement

executed by the president of defendant Phoenix Oil Company. At the end of the case the respondents moved to dismiss the complaint upon three main grounds: First, that in the absence of proof of initial authority for, or subsequent ratification of, the Ear jeon contract, the respondents are not bound by it; second, that in any event the plaintiff did not prove performance of his contract, in that he did not produce either a purchaser for the stock óf the Phoenix Oil Company or the Osage Oil Company, or sufficient capital for the development of the property; third, that the plaintiff failed to prove any cause of action against any of the defendants, either at law or in equity. This motion was granted by the trial court, and the propriety of that ruling is the foundation of the final judgment now before this court for review.