For Your Data Robertson V. Levy Instance Brief
April 29, 2016
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Robertson v. Levy illustration brief summary
197 A.2d 443 (1964)
CASE FACTS
A seller transferred the assets of a concern together with assigned a lease to an association that had submitted articles of incorporation together with was doing concern inward a corporate name. After the transfer together with assignment were completed a certificate of incorporation was issued together with ane payment was made on the installment banker's complaint for the assets. When the association ceased doing concern the seller brought conform for the ease of the banker's complaint together with the damages incurred inward settling the lease. The case courtroom ruled that the seller was estopped from denying the beingness of a corporation, together with he appealed claiming that nether § 29-950 the association was liable because it acted equally a company without authority.
DISCUSSION
CONCLUSION
The courtroom reversed the judgment amongst instructions to instruct inward judgment against the association.
Recommended Supplements for Corporations together with Business Associations Law
197 A.2d 443 (1964)
CASE SYNOPSIS
Appellant seller brought conform against appellee association, which was doing concern equally a corporation, for damages incurred when the association defaulted nether a banker's complaint together with lease assignment. The seller appealed a judgment of a case courtroom (District of Columbia), which held that the association was non personally liable nether D.C. Code § 29-950 because the seller accepted a payment later a certificate of incorporation was issued.CASE FACTS
A seller transferred the assets of a concern together with assigned a lease to an association that had submitted articles of incorporation together with was doing concern inward a corporate name. After the transfer together with assignment were completed a certificate of incorporation was issued together with ane payment was made on the installment banker's complaint for the assets. When the association ceased doing concern the seller brought conform for the ease of the banker's complaint together with the damages incurred inward settling the lease. The case courtroom ruled that the seller was estopped from denying the beingness of a corporation, together with he appealed claiming that nether § 29-950 the association was liable because it acted equally a company without authority.
DISCUSSION
- The courtroom held that D.C. Code Ann. § 29-921c, which stated that a certificate of incorporation was conclusive testify of corporate existence, together amongst § 29-950, had eliminated the concept of corporations past times estoppel together with it was immaterial that the seller believed he was dealing amongst a corporation.
- The association's subsequent incorporation had non relieved it of personal liability nether § 29-950 for unauthorized corporate action together with the seller was entitled to judgment.
CONCLUSION
The courtroom reversed the judgment amongst instructions to instruct inward judgment against the association.
Recommended Supplements for Corporations together with Business Associations Law