Federal Advertising Corp. v. Hundertmark

The opinion of the court was delivered by

Lloyd, J.

This action was to recover the price of an electric sign painted by the plaintiff upon an order signed Home Electric Products, Incorporated, by D. M. Hundertmark, treasurer. Prom the agreed state of the case it appears that the plaintiff’s salesman negotiated with the two defendants Alsberg and Hundertmark, for the sign and a written contract was thereupon entered into between the plaintiff and what purported to be the Home Electric Products, Incorporated, on June 12th, 1930. There was no such corporation and never had been. Plaintiff,…