Barde v. Portland News Pub. Co.

• Court: Oregon Supreme Court
• Writing for the Court: [145 Or. 392] KELLY, Justice.
• Citation: Barde v. Portland News Pub. Co., 145 Or. 376, 28 P.2d 216 (Or. 1934)
• Decision Date: 02 January 1934
• Parties: BARDE et al. v. PORTLAND NEWS PUB. CO.

28 P.2d 216

145 Or. 376

BARDE et al. v. PORTLAND NEWS PUB. CO.

Supreme Court of Oregon

January 2, 1934

In Banc.

Appeal from Circuit Court, Multnomah County; Robert Tucker, Judge.

On rehearing.

For former opinion, see 26 P.2d 787.

Dan E. Powers and Guy C. H. Corliss, both of Portland (John C. Veatch, of Portland, on the brief), for appellant.

Herbert Swett, of Portland (Dey, Hampson & Nelson, of Portland, on the brief), for respondents.

KELLY, Justice.

By a petition for rehearing, we are reminded that an acceptance is not required to render effective the resignation of an officer of a corporation.

In the case at bar, the record discloses that, after Mr. Brockhagen tendered his resignation, he executed the supplemental contract of May 25, 1931, on behalf of the Portland Telegram and on said date he and Mr. Perry, acting as officers of the Portland Telegram, executed and affixed the seal of that corporation to the bill of sale and made oath that they were such officers. In the light of these facts, we held that, between the corporation and a third party, their action, as such officers, was not invalid merely because the record also discloses that, prior to the execution of said instruments, Mr. Brockhagen had tendered his resignation which had not been accepted.

We do not wish to be understood as holding, in the absence of some provision, either of statute, by-law, or of the...