Planters Rural Tel. Co-op., Inc. v. Chance, CO-OPERATIV

Decision Date06 February 1962
Docket NumberNo. 39295,CO-OPERATIV,No. 2,INCORPORATED,39295,2
PartiesPLANTERS RURAL TELEPHONE, v. K. J. CHANCE
CourtGeorgia Court of Appeals

Syllabus by the Court

The petition set forth a cause of action, and the trial court did not err in overruling the grounds of demurrer argued in this court.

K. J. Chance sued Planters Rural Telephone Co-operative, Inc., to recover $5,000 for services rendered the defendant. The petition, as originally filed, alleged that the defendant was a Georgia corporation with its principal office and place of doing business in Screven County, Georgia, that the plaintiff, an experienced electrical engineer, was employed by the defendant in 1950 to manage and supervise the defendant corporation, that he acted as general manager of such defendant corporation until September 1, 1956; that, during such period of time, the defendant constructed a telephone system in the rural areas of Screven County and a part of Effingham County; that the plaintiff also served as general manager of said operations and as supervisor in charge of the construction of such system; that, during such time, the plaintiff was principally engaged as the manager of Planters Electric Membership Corporation (an electric co-operative with its principal office and plant at Millen, Georgia); that, after the plaintiff completed his work of supervision and management with the defendant corporation, the Board of Directors of the defendant corporation did on August 17, 1956, pass a motion that the plaintiff be paid $5,000 for past-due services from April 1, 1951, to September 1, 1956, and the President and/or Treasurer were authorized to countersign the check, that such motion was entered in writing in the minutes of the defendant corporation; that, although the plaintiff has requested payment of such sum, he has never been paid; and that the plaintiff sued the defendant in the City Court of Millen in May 1960 on the same cause of action, but such action was dismissed by such court on September 7, 1960, solely on the ground that the defendant was not a resident of such county. After the defendant demurred to plaintiff's petition, the plaintiff amended and alleged in substance: The plaintiff was advised of the motion passed by the Board of Directors of the defendant corporation, that the plaintiff was present at a meeting of the Board of Directors of the defendant corporation (he believes some time in September, 1956), when he was told in the presence of the Board that the motion had passed to pay him the $5,000; and that a letter dated August 24, 1959, from the then manager of the defendant corporation addressed to the plaintiff stated that the minutes of the August 17, 1956 meeting read in part as follows: 'Mr. Harrison stated that he felt the following persons should be paid for past due services as is listed below; for April 1, 1951, to September 1, 1956, Mr. Kermit J. Chance, $5,000. The President and/or Treasurer were authorized to countersign the checks.'

The defendant's general demurrers and renewed general demurrers to the petition as amended were overruled, and the plaintiff now excepts to such judgment.

W. C. Hawkins, Sylvania, for plaintiff in error.

Harold W. Hollingsworth, Sylvania, for defendant in error.

NICHOLS, Presiding Judge.

1. The defendant contends that the petition fails to show that any resolution of the Board of Directors of the defendant corporation was passed authorizing any...

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2 cases
  • Planters Rural Tel. Co-op., Inc. v. Chance
    • United States
    • Georgia Court of Appeals
    • July 2, 1963
    ...summary judgment for the plaintiff. For a more detailed statement of the case see Planters Rural Telephone Co-op., Inc. v. Chance, 107 Ga.App. 116, 129 S.E.2d 384; 105 Ga.App. 270, 124 S.E.2d 300. W. Colbert Hawkins, Sylvania, for plaintiff in Harold W. Hollingsworth, Sylvania, for defendan......
  • Chance v. Planters Rural Tel. Co-op., Inc., 21951
    • United States
    • Georgia Supreme Court
    • May 9, 1963
    ...filed its demurrers, which were overruled by the trial court and affirmed by the Court of Appeals in Planters Rural Telephone Cooperative v. Chance, 105 Ga.App. 270, 124 S.E.2d 300, and its answer which admitted the above quoted paragraph 9. Later, on September 8, 1961, a special plea of th......

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