Carner v. Grist Mill '76 Corp.

MEMORANDUM OF DECISION

SELYA, District Judge.

This case was tried to the court on April 30, 1986, May 5, 1986, and May 6, 1986. The parties requested an opportunity to submit posttrial briefs (now received). This rescript constitutes the court’s findings of fact and conclusions of law. Fed.R. Civ.P. 52(a).

I

The plaintiff, Donald Carner, a citizen of Florida, was the president and sole shareholder of Carner Realty Co., Inc. (CRC). By written assignment dated May 10, 1983 (Ex. 10), CRC assigned its rights relevant to the matters here at issue to Carner, who has become the real party in interest.…