Diamond National Corporation v. Szerbik

This appeal presents the sole issue of whether the defendants, Mr. and Mrs. Szerbik, are personally liable to the plaintiff for materials furnished by the plaintiff to several job sites where Tri-State Equities, Inc., was doing work. Tri State Equities, Inc. (Tri-State), now financially defunct, was wholly owned by the defendants except for one qualifying share.

The plaintiff claims it sold and delivered the materials on the credit of the Szerbiks, at their instance and direction, and to no one else. The defendants, to the contrary, claim that the sales were made to Tri-State and that they…