Johnson v. Epting

Hutcheson, Justice.

The plaintiffs (defendants in error) contracted with a corporation through an individual as its agent, for the rendition of certain services, and were paid therefor by the corporation. Five years later the plaintiffs entered into a similar contract with the same individual as agent of a trade-name organization, the name of which was similar to that of the corporation, and, without actual notice that the trade-name organization was owned by the agent as an individual and not by the corporation, brought suit against the corporation upon the refusal of the corporation and the…