Harry Rich Corp. v. Feinberg
Florida District Court of Appeal
518 So. 2d 377 (1987)
- Written by Jamie Milne, JD
Facts
Ira Feinberg (defendant) became president of Young Sophisticates Warehouse (Young Sophisticates) (defendant) between August and November of 1984. Feinberg had been told that Young Sophisticates was formed by the former president’s son, who was an attorney. On November 15, 1984, Feinberg, on Young Sophisticates’ behalf, contracted to purchase carpet on credit from Harry Rich Corporation (Harry Rich) (plaintiff). Later that month, Feinberg learned that Young Sophisticates had never been incorporated. Young Sophisticates was then incorporated at Feinberg’s direction. When a dispute arose over the carpeting contract, Harry Rich sued Young Sophisticates. During discovery, Harry Rich learned that Young Sophisticates had not been incorporated at the time of contracting. Harry Rich then amended its complaint to add Feinberg as a defendant. After a bench trial, the trial court found Young Sophisticates liable but concluded that Feinberg was not personally liable. Harry Rich appealed.
Rule of Law
Issue
Holding and Reasoning (Pearson, J.)
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