Christian & Craft Grocery Co. v. Fruitdale Lumber Co.
Supreme Court of Alabama
Appeal from, the Circuit Court of Washington. Tried before the Hon. William S. Anderson, The Christian Si Craft Grocery Co. sued the defendants Hall and others as partners doing business under the firm name of the Fruitdale Lumber Company, for goods sold to them. Two of the defendants pleaded denying that they were members of the partnership named and that there was no such partnership.
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Appeal from, the Circuit Court of Washington. Tried before the Hon. William S. Anderson, The Christian Si Craft Grocery Co. sued the defendants Hall and others as partners doing business under the firm name of the Fruitdale Lumber Company, for goods sold to them. Two of the defendants pleaded denying that they were members of the partnership named and that there was no such partnership. Certain proceedings in the probate court of Washington county were introduced in evidence to show that the Fruitdale Lumber Company was a corporation. The plaintiffs offered to prove by the declarations of the…
1Opinion of the Court
McCLELLAN, O. J.
— The appellees in this case contend for, the appellant recognizes, and nobody doubts, the principle that where parties contract with each other as corporations they are in respect of such contracts estopped to deny, corporate existence. It must be equally free from doubt that where a party contracts with another but not as a corporation, he is not as to such contract estopped to deny the corporate existence of such other party or to show that the entity with which he dealt was an individual or partnership. So that in a case like the present one, where the plaintiff, the…
2Cited by14 opinions
- Carlesimo v. SchwebelCalifornia Court of Appeal · 1948
- First National Bank v. HenrySupreme Court of Alabama · 1905
- Dixie Coal Min. & Mfg. Co. v. WilliamsSupreme Court of Alabama · 1930
- East End Memorial Ass'n v. EgermanSupreme Court of Alabama · 1987
- Owensboro Wagon Co. v. BlissSupreme Court of Alabama · 1901
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