(Download) "White V. Dvorak" by Division One Court of Appeals of Washington ~ Book PDF Kindle ePub Free
eBook details
- Title: White V. Dvorak
- Author : Division One Court of Appeals of Washington
- Release Date : January 12, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
WEBSTER, J. -- This case raises the issue of whether a person purporting to act as a corporation can sue as an individual for breach of a contract when the contract was entered into in the name of a nonexistent corporation. The contract was signed by Brian White for Marlborough Properties, Inc., a corporation long dissolved. Two other parties to the contract, Dvorak and Verbarendse, were granted summary judgment on grounds that White could not individually enforce the contract. White's appeal of the summary judgment order requires resolution of three issues: (1) whether a contract is void or unenforceable because a named party is a nonexistent corporation; (2) whether White's complaint alleged he was suing for breach of contract as an individual; and (3) whether White, who purported to act as a corporation, can sue individually for breach of contract. We hold that absent unfair prejudice, an individual purporting to act as a corporation is a party to a contract signed in the name of a nonexistent corporation. As a party, the individual can sue for breach of contract.