Middleton v. Hoffman

Citations

• 63 Pa. Super. 396
• 1916 Pa. Super. LEXIS 175

Syllabus

<p>Contract — Parties—Corporations—Suit against individual.</p> <p>An action for goods sold and delivered against “William H. Hoffman, trading as W. H. Hoffman Co.,” cannot be snstained where the defendant testified that he was president of W. H. Hoffman Co., a corporation, that he did not buy the goods on his own account nor promise to pay for them, and the record shows that the goods were charged in plaintiff’s book account to W. H. Hoffman Co., that no controversy was raised either by the pleadings or at the trial as to the fact that the W. H. Hoffman Co. was a corporation, and there is no positive evidence that the plaintiff dealt with the defendant as an individual, except that in the application for the building permit for which building the goods were furnished, there was contained a statement by a third person, not produced by either party at the trial, that William H. Hoffman was the contractor for the work.</p>