Lee Moving & Storage, Inc. v. Bourgeois

STOULIG, Judge.

Plaintiff, Lee Moving & Storage, Inc., filed suit to rescind an allegedly ultra vires sale of its 35-foot fiberglass 1971 Concord boat to defendant A1 Bourgeois, doing business as A1 Bourgeois Plumbing & Repairs, for $15,000. Plaintiff alleged the buyer accepted title from defendant, William Lee, the president of plaintiff corporation, knowing that he was without authority to sell the vessel. From a judgment decreeing the sale a nullity and ordering the purchase price returned, only Bourgeois, the defendant’s purchaser, has appealed.

It is apparent from the record that vendor…