Harrison E. Byam v. Carlisle-Ayer Company

Contract, What constitutes, Implied. Corporation, Officers and agents. Evidence, Competency, Relevancy. Practice, Civil, Conduct of the trial: discretionary control of evidence; Verdict; New trial. Jury and Jurors. Damages, In contract. At the trial of an action by an architect against a corporation for services in drawing plans and specifications for a building which the defendant contemplated erecting, a witness was allowed to testify that he had a conversation with persons who were officers of the defendant corporation and three of its four directors, in which he showed them a sketch of the proposed building and suggested that the plaintiff make the plans and specifications, whereupon something was said about a more complete set of plans and the officers told him to send the plaintiff to discuss the matter with them. The defendant excepted to the admission of this testimony on the ground that the officers had no authority to bind the corporation. Held, that there was no error.