Norris v. Campbell Electric Corp.

LANGDON, P. J.

This action is to recover money alleged to he due the plaintiff as commission on sales of X-ray equipment and similar articles manufactured and sold hy the defendant corporations. Plaintiff alleged that each of the defendants was a corporation organized under the laws of a state other than California; “that within two years last past the said defendants became indebted

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to plaintiff in the sum of $4,832.43 for services rendered to said defendants by plaintiff at said defendants’ special instance and request, in the sale of merchandise for said defendants. ’ ’

It is then alleged that a portion of said sum has been paid and that there remains due and unpaid the sum of $1,566.54, for which sum judgment is prayed. A joint judgment was rendered against the defendants for the sum of $1,294.15, from which they appeal.

Respondent justifies the joint judgment rendered in this case by the finding of the trial court: “That the defendants herein, while organized as three distinct corporate entities, are owned by and operated by the same persons and have the same officers and the same place of business in Lynn, Massachusetts, and the services rendered by the plaintiff herein were rendered to, for and at the request of all of said three defendant corporations.”

That finding is attacked by the appellants as being unsustained by the evidence. The testimony of the plaintiff regarding at least one of the defendants, Vacuum Glass Company, is so vague and unsatisfactory as to give it little value as evidence. The record contains, then, practically undisputed, the following testimony of Fred R. Campbell, the treasurer of all three corporations defendant, and the only officer common to the three corporations: “The Campbell Electric Company was incorporated in 1909 for the purpose of manufacturing X-ray and electro-medical and other electrical apparatus with factory and offices in the Keith Bldg., at 54 Central Sq., Lynn, Mass. The Vacuum Glass Company was incorporated in 1909 for the purpose of manufacturing incandescent lamps, X-ray tubes and electro-medical glassware and took up its quarters in the Fabens Building at 316 Union St., Lynn, Mass. In the year 1912 the Vacuum Glass Company sold its machinery for the manufacture of incandescent lamps but continued the manufacture of X-ray tubes. In 1913 the Campbell Electric Company bought a large factory building at 17 Stewart St. and moved its' quarters from the Keith Bldg, in Central Sq. to the building at 17 Stewart St. At the same time the Vacuum Glass Co. was rented small quarters in the building at 17 Stewart St. to which its