Resnick v. Abner B. Cohen Advertising, Inc.

CAYTON, Chief Judge.

This action was brought against David E. Resnick for an amount due on a con tract signed by him as president of American Communication Co. Resnick filed an answer in which he in effect admitted that “American Communication Co.” was not the official name of a corporation, but stated that he was- only an employee of Royal Appliance Co., Inc., which was trading as American Communication Co. Plaintiff moved for summary judgment, and the trial court granted the motion on the theory that since defendant had signed the .contract as president of a nonexistent company, or on behalf…