Bump-Aire Corp. v. Rogers

Beasley, Presiding Judge.

The focus is on whether defendant is the proper party, i.e., real party in interest.

Bump-Aire Corporation, a metal fabrication company, filed suit for breach of contract against Dan Rogers, who admitted the existence of the verbal contract in his answer and counterclaimed for breach of the same contract. During trial, the court sua sponte dismissed both the claim and the counterclaim. Only Bump-Aire appeals.

The testimony was that Rogers negotiated with Christopher Sullivan, president and sole shareholder of Bump-Aire, to fabricate metal handrails for a house on which…