LOFTIN'S RENT-ALL, INC. v. Universal Petroleum

Loftin's Rent-All, Inc., a corporation, filed an action in the Circuit Court of Houston County for goods sold and delivered against Mercer and Company, Inc., David Morris Mercer, individually, and Universal Petroleum Services, Inc. David Morris Mercer was dismissed as a party defendant and a default judgment was rendered against Mercer and Company. A trial before the court without a jury resulted in a judgment in favor of defendant, Universal Petroleum Services, Inc. Loftin's Rent-All appeals.

This is a case of mistaken identity.

Mercer and Company ordered some equipment from Loftin's Rent-All…