Meisler v. Bankers Capital Corp.

PAUL PRESSLER, Justice.

Appellant, a shareholder of a dissolved corporation, sued Appellees in an individual, rather than a representative, capacity. The trial court granted a summary judgment because of this deficiency in his pleadings. We reverse.

Appellant and Charles G. Shears entered into a tripartite loan agreement with Republic, Bankers and Alison Mortgage Investment Trust. Alison provided interim financing for an apartment project, and Republic was to provide permanent financing upon completion. Bankers was to grant the permanent loan for Republic. Republic was to inspect the project…