African Bio-Botanica, Inc. v. Sally Leiner, T/A Ecco Bella case
brief summary
624 A.2d 1003 (1993)
CASE FACTS
Plaintiff seller brought an action against defendant buyer to recover the unpaid purchase price of merchandise that plaintiff had delivered to defendant. The trial court held that defendant, not her corporation, was personally liable for the bill.
DISCUSSION
CONCLUSION
The court modified the judgment of the trial court by the inclusion of interest from the date plaintiff seller's complaint was filed against defendant buyer to recover the unpaid purchase price of merchandise. The court held that if defendant was acting as an agent for her corporation, she was an agent for an undisclosed or partially disclosed principal and that she was therefore personally liable on its purchase contracts.
Recommended Supplements for Corporations and Business Associations Law
624 A.2d 1003 (1993)
CASE SYNOPSIS
Defendant buyer sought review of
decision by the Superior Court of New Jersey, Essex County, that
defendant was personally liable for plaintiff seller's unpaid bill
for merchandise. Defendant contended that the merchandise was
delivered to a corporation and that the liability was solely that of
the corporation. Plaintiff cross-appealed to challenge the superior
court's denial of pre-judgment interest.CASE FACTS
Plaintiff seller brought an action against defendant buyer to recover the unpaid purchase price of merchandise that plaintiff had delivered to defendant. The trial court held that defendant, not her corporation, was personally liable for the bill.
DISCUSSION
- The court modified the judgment by the inclusion of interest from the date the complaint was filed, and affirmed.
- The court held that if defendant was acting as an agent for her corporation, she was an agent for an undisclosed or partially disclosed principal and that she was therefore personally liable on its purchase contracts.
- The court also held that the debt was fully liquidated and that defendant's obligation therefore included interest from the date the complaint was filed.
CONCLUSION
The court modified the judgment of the trial court by the inclusion of interest from the date plaintiff seller's complaint was filed against defendant buyer to recover the unpaid purchase price of merchandise. The court held that if defendant was acting as an agent for her corporation, she was an agent for an undisclosed or partially disclosed principal and that she was therefore personally liable on its purchase contracts.
Recommended Supplements for Corporations and Business Associations Law
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