DocketNumber: No. 10551
Citation Numbers: 70 Wash. 693
Judges: Morris
Filed Date: 11/4/1912
Status: Precedential
Modified Date: 8/12/2021
On May 10, 1911, the Ouellette-Sheehan Company, a corporation engaged in the commission business at Seattle, through its trustees, adopted a resolution fixing the salaries of respondent as president, secretary and treasurer of the company, and Thos. M. Sheehan as sales manager. This resolution reads as follows:
“Thereupon by unanimous vote, the salary of C. A. Ouellette, acting in three different capacities, was fixed at $50 per week, and the salary of Thomas M. Sheehan at $30 per week, it being understood that the said salaries would be paid out of the net proceeds of the business.”
The question presented on this appeal is the amount respondent was entitled to draw as salary under the above resolution. It seems to us too plain for argument that there is but one possible interpretation to be placed upon the language of this resolution, and that is that the salaries were not to be paid in any event, but only out of the net proceeds
No findings were made by the court, so that we are unable to understand the reasons for the ruling, unless it is the court was of the opinion, as alleged by respondent in his answer, that the Ouellette-Sheehan Company agreed to pay respondent a salary of $50 per week. We find no evidence of any change in the resolution as first adopted, respondent contenting himself with contending that Sheehan, Crowley and himself, the stockholders, believed the salaries to have been unconditionally fixed at $50 and $30 per week. The resolution not being susceptible of such a construction, we cannot follow it, and the judgment is reversed.
Mount, C. J., Main, Ellis, and Fullerton, JJ., concur.