For Your Data Timberline Equipment Co. V. Davenport Representative Brief
April 24, 2016
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Timberline Equipment Co. v. Davenport case brief summary
514 P.2d 1109 (1973)
CASE FACTS
Plaintiff filed adapt against accused to collect monies due nether an equipment rental agreement. Defendant alleged that the rentals were made to a de facto corporation in addition to accordingly he could non live on held personally liable in addition to that plaintiff was estopped from denying the corporate grapheme of the lessee organization. The trial courtroom rejected defendant's declaration in addition to entered judgment inwards favor of plaintiff. The appellate courtroom affirmed, belongings that the de facto doctrine no longer existed inwards the state.
DISCUSSION
CONCLUSION
Appellate courtroom affirmed in addition to held that the de facto doctrine no longer existed nether dry reason police line in addition to that estoppel was inapplicable because aught indicated plaintiff believed it was dealing amongst a corporation. Defendant was held individually liable nether the rental agreements because he was assumed to human activity for the organization.
Recommended Supplements for Corporations in addition to Business Associations Law
514 P.2d 1109 (1973)
CASE SYNOPSIS
Defendant appealed from a Circuit Court, Clackamas County (Oregon) judgment inwards favor of plaintiff inwards an activity to recover nether equipment rental agreements later on the courtroom denied defendant's allegations that the rentals were made to a de facto corporation in addition to that plaintiff was estopped from denying the organization's corporate character.CASE FACTS
Plaintiff filed adapt against accused to collect monies due nether an equipment rental agreement. Defendant alleged that the rentals were made to a de facto corporation in addition to accordingly he could non live on held personally liable in addition to that plaintiff was estopped from denying the corporate grapheme of the lessee organization. The trial courtroom rejected defendant's declaration in addition to entered judgment inwards favor of plaintiff. The appellate courtroom affirmed, belongings that the de facto doctrine no longer existed inwards the state.
DISCUSSION
- The courtroom equally good held that doctrine of estoppel was inapplicable because at that topographic point was no prove that plaintiff believed that it was contracting amongst a corporate entity.
- Further, the courtroom held that plaintiff could recover against accused inwards his private capacity because prove indicated that accused was a somebody who was assumed to human activity for the organisation inwards enquiry in addition to accordingly could live on held personally liable.
CONCLUSION
Appellate courtroom affirmed in addition to held that the de facto doctrine no longer existed nether dry reason police line in addition to that estoppel was inapplicable because aught indicated plaintiff believed it was dealing amongst a corporation. Defendant was held individually liable nether the rental agreements because he was assumed to human activity for the organization.
Recommended Supplements for Corporations in addition to Business Associations Law