Cantor v. Sunshine Greenery, Inc.

398 A.2d 571 (1979)

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Cantor v. Sunshine Greenery, Inc.

New Jersey Superior Court
398 A.2d 571 (1979)

  • Written by Robert Cane, JD
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Facts

Cantor (plaintiff) entered into a lease agreement with Sunshine Greenery, Inc. (defendant) on December 16, 1974. William Brunetti signed the lease on behalf of Sunshine Greenery as its president. Prior to the signing of the lease, Sunshine Greenery, Inc. did not exist by law. Brunetti and Sharyn Sansoni took steps to reserve the corporate name Sunshine Greenery on November 21, 1974. Brunetti and Sansoni mailed a signed certificate of incorporation to the secretary of state with the filing fee on December 3, 1974. Sunshine Greenery’s certificate of incorporation was not officially filed by the secretary of state until December 18, 1974. Issues arose surrounding the payment of the first month’s rent on the lease with Cantor, and litigation ensued. The lower court found Brunetti personally liable as a promoter and negated the existence of Sunshine Greenery. Brunetti appealed to the New Jersey Superior Court.

Rule of Law

Issue

Holding and Reasoning (Larner, J.)

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