Wilson v. Melrath Supply & Gasket Co.

BARD, District Judge.

This matter presents a motion to dismiss.

This action is for breach of contract against Melrath Supply & Gasket Co., Inc., and Earle B. Melrath. The motion to dismiss is on behalf of Earle B. Melrath and is based upon the contention that he cannot be deemed to have executed the written contract in question in his individual capacity, but merely as an officer of the defendant corporation. The contract is signed as follows:

“ Earl B. Melrath President Melrath Supply & Gasket Co. Inc. and

Richard H. Melrath Secretary Melrath Supply & Gasket Co. Inc. for the Party of the First…