Johnson v. SPENCER-ADAMS PAINT COMPANY

Hall, Presiding Judge.

In an action on an open account, the defendant appeals from the judgment and from the denial of his motion for a new trial on the grounds the court erred in refusing to direct a verdict for him in his individual capacity and/or for him and the company in the amount of a satisfied material-man’s lien.

Defendant contends the plaintiff dealt with him over a long period as a representative of Capital Industrial Sales & Supply Co. and that plaintiff is now collaterally estopped from attacking the corporate existence. Defendant relies on cases which say that such a name imports…