Opinion
No. 41427.
June 6, 1969.
Contracts — action on account — parties to contract.
Trial court's determination that contract giving rise to indebtedness arose between plaintiff and defendant rather than between plaintiff and corporation in which defendant was majority stockholder is supported by the record.
Action in the Hennepin County Municipal Court for the recovery of a sum for goods sold and delivered. After findings for plaintiff, C. William Sykora, Judge, defendant appealed from an order denying his motion for a new trial. Affirmed.
Fred Albert, for appellant.
Jerry Rosenzweig, for respondent.
Heard before Nelson, Murphy, Otis, Rogosheske, and Frank T. Gallagher, JJ.
This is an appeal from an order of the Hennepin County Municipal Court denying defendant's motion for a new trial in an action on an account for merchandise furnished by plaintiff wholesaler to defendant operator of a retail establishment.
Contrary to defendant's contention that the merchandise was delivered to a now defunct corporation in which defendant was the principal stockholder and that the corporation was in fact the purchaser and liable for the debt, the court found that the contract giving rise to the indebtedness arose between plaintiff and defendant as individuals pursuant to an agreement that defendant, and not the corporation, would be liable for the indebtedness.
We have examined the record and the authorities submitted by the parties and conclude that the record fully supports the trial court's determination.
Affirmed.