Pate v. T-Square, Inc.

This case involves a judgment rendered against Don Pate for an indebtedness that T-Square, Inc., claimed was due on an oral contract to furnish and deliver coal. Pate moved for a new trial on the grounds that the judgment should have been rendered against the corporation of which he is president rather than against him personally and that the amount of the judgment was incorrect. His motion was denied. He now raises the same issues on appeal.

The first issue before us is whether liability was properly assessed against Pate in his individual capacity.

The record reveals that Pate contacted…