Wilson v. Cunningham

Banke, Presiding Judge.

This suit was filed by “D & E Construction Company” to recover a balance of approximately $5,500 allegedly owed by the appellees for work performed pursuant to two construction contracts. Both these contracts were signed by Ernest Wilson as president of “D & E Construction Company, Inc.” Because there was in fact no such corporation in existence, the complaint was later amended to substitute as plaintiffs “Ernest Wilson and Deadra T. Wilson, doing business under the tradename of D & E Construction Company.” The appellee defendants thereupon filed an amended answer…