Anti-Hydro Co. v. Castiglia

— Judgment unanimously reversed, on the law and facts, with costs, and complaint dismissed. Memorandum: Defendant established T. C. Supply & Rentals, a sole proprietorship, by filing a business certificate in the Chautauqua County Clerk’s office on December 4, 1975. Thereafter he commenced purchasing certain materials from plaintiff. On March 29,1976, at the request of plaintiff, defendant forwarded to plaintiff a letter signed by him, and duly notarized, stating the following: “In consideration of the agreement by the Anti-Hydro Company to ship merchandise on open account, at their request…