Appellate Division of the Supreme Court of the State of New York March 15, 1935 (Horn v. Bennett)

Action on contract to recover commissions for the sale of a business. The complaint was dismissed at the close of the plaintiff’s case on the ground, in effect, that the purchase of the business was an unusual or extraordinary matter which required authorization of the board of directors of the proposed corporate purchaser, that the president of that corporation was without authority, as such, to