Tropical Banana Co. v. Joshua Tree, Inc.

This case arose from the sale of tropical fruits and produce by the plaintiff to the corporate defendant, Joshua Tree, Inc. (“Joshua Tree”). Individual defendants George E. Vickers and Cheryl A. Vickers (the ‘Vickers”) are, respectively, the president and treasurer of Joshua Tree.

The plaintiff delivered $4,486.58 worth of goods to Joshua Tree, which failed to make payment. The plaintiff filed a five-count complaint against the defendants. The first four counts, brought only against the corporate defendant, essentially alleged breach of contract. The fifth count, brought against all three…