Myers-Leiber Sign Co. v. Weirich

I regret that I must dissent.

This is an action brought by the MyersLeiber Sign Company against W. L. Wei-rich, dba Northern-Aire Lodge and Country Club upon a written contract. The contract is between Myers-Leiber, Inc., and Northern-Aire Lodge and Country Club, Flagstaff, Arizona. The contract was signed by Myers-Leiber by an authorized agent, and:

“Northern-Aire Lodge and Country Club, By /s/ W. L. Weirich .”

Northern-Aire Lodge and Country Club is a fictitious name, and there was testimony to the effect that it was a trade-name of Northern-Aire Development Company, a corporation. Defendant…