J.E. Allen Company, LLC v. Progress Construction Inc.

Syllabus

An owner and a contractor executed a standard form construction agreement. The contract identified the \Contractor\ as a corporation and two individuals. Only one of the individuals signed the contract, but he did so as president of the corporation. After a dispute arose with a supplier, the owner filed a third-party complaint against the individual who signed on behalf of the corporation. The individual moved to dismiss and/or for judgment on the pleadings, arguing that he was not a party to the contract. The court agreed and dismissed the claims against him with prejudice. We reverse.