Smith v. Lo Castro

CAYTON, Acting Judge.

Smith, a seafood broker, brought this suit against Lo Castro for a balance due for shipments of fish sold and delivered to Charles H. Javins & Sons, Inc., a corporation. The theory of plaintiff’s claim as developed at trial was that defendant had bound himself by oral promises to personally pay the debt. There was a general finding for defendant, and this appeal followed.

The Javins corporation had been carried as a charge customer on Smith’s books for some twenty years before Lo Castro bought all the stock in the company and took over its operation. At that time there was…