To the point decided by the Court, no authorities were cited by counsel.
JUDGES: Murray, C. J., delivered the opinion of the Court. Heydenfeldt, J., concurred.
OPINION
MURRAY, Judge
The plaintiff declares upon a written contract, entered into between himself and Bradley & Co.
It is evident that he cannot recover against the corporation, as the contract was not made by it. If, however, the circumstances of the case were such as to raise the presumption that the corporation was cognizant of the deceit practised, and fraudulently participated in it, by availing itself of the plaintiff's labor, it is liable, not upon the written agreement, but for work and labor, and the declaration should have contained a count to this effect.
Judgment reversed and cause remanded, with leave to the plaintiff to amend his declaration.