Franklyn Gesner Fine Paintings, Inc. v. Ketcham

Marshall, Presiding Justice.

Franklyn Gesner sued Ray Ketcham, Jr., claiming fraud and breach of contract in the sale of two paintings purportedly created by artist Martin Johnson Heade. During discovery, it became apparent that the purchaser was not Gesner, but his closely held corporation, Franklyn Gesner Fine Paintings, Inc. Ketcham’s subsequent motion to dismiss was denied, and the trial judge then granted the plaintiffs motion to substitute Franklyn Gesner Fine Paintings, Inc., in place of Gesner individually, as party plaintiff. The trial judge denied the defendant’s motion to strike the…