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Rizk v. Tucker Coal & Brick Co.

Court of Appeals of Georgia
Sep 11, 1978
248 S.E.2d 215 (Ga. Ct. App. 1978)

Opinion

56106.

SUBMITTED JUNE 28, 1978.

DECIDED SEPTEMBER 11, 1978.

Action on account. Gwinnett State Court. Before Judge Cheeley.

James W. Garner, Dennis T. Still, for appellant.

John F. Lester, for appellee.


The appellant appeals the denial of his motion for new trial on the general grounds. A corporation has a duty to reveal its corporate status to the persons with whom it deals. See Patterson v. Duron Paints of Ga., 144 Ga. App. 123 (3) ( 240 S.E.2d 603) (1977). See generally Lamas v. Baldwin, 140 Ga. App. 37 ( 230 S.E.2d 13) (1976). The parties in this case agree that the appellant, Rizk, had procured goods for his partnership from the appellee, Tucker Coal Brick Company, on open account. The issue argued on appeal is whether the appellant ever informed the appellee of the incorporation of his business thereby rendering the unpaid account in this suit a corporate debt. The appellant expressly excluded the transcript of the proceedings below from this record on appeal, but apparently the evidence in this regard was disputed. The omission is not significant, however, since the Court of Appeals lacks jurisdiction to review the weight of the evidence. Minor v. State, 139 Ga. App. 168 (1) ( 228 S.E.2d 33) (1976). Accordingly, the trial judge's denial of the appellant's motion for new trial is affirmed.

Judgment affirmed. Deen, P. J., and Smith, J., concur.

SUBMITTED JUNE 28, 1978 — DECIDED SEPTEMBER 11, 1978.


Summaries of

Rizk v. Tucker Coal & Brick Co.

Court of Appeals of Georgia
Sep 11, 1978
248 S.E.2d 215 (Ga. Ct. App. 1978)
Case details for

Rizk v. Tucker Coal & Brick Co.

Case Details

Full title:RIZK v. TUCKER COAL BRICK COMPANY

Court:Court of Appeals of Georgia

Date published: Sep 11, 1978

Citations

248 S.E.2d 215 (Ga. Ct. App. 1978)
248 S.E.2d 215

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