Timberline Equipment Co. v. Davenport
Oregon Supreme Court
514 P.2d 1109 (1973)
Kenneth L. Davenport, Dr. Gorman, and Dr. Bennett (defendants) were partners doing business as “Aero-Fabb Co.” In January 1970, Bennett submitted defective articles of incorporation. Before the certificate of incorporation was issued in the name of Aero-Fabb Corp. (Aero-Fabb) in June, Davenport entered into a rental agreement with Timberline Equipment Co. (Timberline) (plaintiff) on behalf of Aero-Fabb. Timberline sued the defendants under the rental agreements. The trial court found for the plaintiff. Bennett alone appealed to the Oregon Supreme Court.
Rule of Law
Holding and Reasoning (Denecke, J.)