R.C. McEntire & Company v. Eastern Foods, Inc.

MICHAEL, District Judge.

In this appeal Eastern Foods, Inc. [hereinafter “Eastern”] challenges the district court’s judgment entered in favor of R.C. MeEntire & Company [hereinafter “MeEn-tire”], for the remaining balance of an open account owed MeEntire by B & B Produce Processors [hereinafter “B & B”]. Eastern’s principal contention is that the trial court erred in permitting MeEntire to recover on a theory of de facto merger, or transferee liability, where McEntire’s complaint sought recovery on grounds of fraud and breach of contract. In addition, Eastern submits that even if the trial…