Carnes v. Mobley's Tire & Recap Service, Inc.

Bell, Chief Judge.

This is a suit on an open account. At the conclusion of the evidence, plaintiffs motion for a directed verdict was granted.

It is uncontradicted that in May 1964 plaintiff extended credit to "Carnes Tire Sales,” a partnership conducted by the defendant and his brother. In October 1964, a certificate of incorporation was issued to "Carnes Tire Sales, Inc.” by the secretary of state. This fact of incorporation was not communicated to the plaintiff until October 1969, at which time credit sales to Carnes Tire Sales was discontinued and a cash basis instituted. In August 1966,…