Phillips v. Colfax Company, Inc.

Cordon J. Phillips, plaintiff, brings this action to recover $2,280 which he alleges he loaned to the defendant, Colfax Company, Inc. From a judgment in favor of plaintiff for that amount, defendant appeals.

To fully comprehend the instant matter, one must clearly understand the several legal entities involved and the respective composition and dominant ownerships in each.

Carl Fossi and his brother Albert, for some years prior to the transactions which are the basis of this action, were engaged in the construction business as partners under the name of Fossi Bros. We will hereinafter refer to…