Daylight Industries, Inc. v. Allen

Jordan, Presiding Judge.

Daylight Industries, Inc., d/b/a Daylight Grocery Company, sued W. R. Allen, Jr. and J. C. Adams as individuals for the unpaid balance due on an account. The defendants moved to dismiss the action, alleging as ground 3 that the "Obligation, if any, owed to the plaintiff is owed by Adams Wholesale Meats and Provisions, Inc., a Georgia Corporation . . . and not owed by defendants individually.” After hearing evidence on the motion the trial judge sustained this ground of the motion and dismissed the complaint. The plaintiff appeals from this order. Held:

The motion, as…