McCluskey Commissary, Inc. v. Sullivan

McFADDEN, Justice.

McCluskey Commissary, Inc., a corporation, brought this action against Gary Sullivan and Stanley Rice, the defendants-appellants, seeking a judgment for $3,941.72, and interest on an open account. The appellants answered the complaint, generally denying the allegations, and as an affirmative defense alleged that Sullivan never contracted with plaintiff for the purchase of the goods, and that Rice never contracted with the plaintiff except as an officer and agent of Progressive Service, Inc., doing business as “The Shah.”

The case was tried before the court sitting without a…