[Download] "Rocky Mountain Sales & Service Inc. v. Havana Rv Inc." by Colorado Court of Appeals No. 81CA0509 ~ Book PDF Kindle ePub Free

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eBook details

• Title: Rocky Mountain Sales & Service Inc. v. Havana Rv Inc.
• Author : Colorado Court of Appeals No. 81CA0509
• Release Date : January 22, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Opinion by Judge Van Cise This is an action filed May 15, 1980, by plaintiff, Rocky Mountain Sales & Service, Inc. (the seller), to recover on a debt which arose as a result of a generator being ordered in the name of defendant Havana RV, Inc. (Havana RV), while that company was under suspension. It had been suspended from October 22, 1979, to May 14, 1980, for failure to file and pay the fee for filing the 1978 annual report. Subsequent to the delivery of the generator, Havana RV was reinstated as a corporation in good standing. The generator was ordered by defendant Tom Dwyer, Havana RV's president, through an employee. The seller sought a joint and several judgment against both the suspended corporation and Dwyer. Havana RV admitted liability, and judgment was entered against it. The seller appeals the court's dismissal of the action against Dwyer. We affirm. The only issue on appeal is whether Dwyer, who continued to operate the business under its corporate name at the same location and with the same personnel during the period of its suspension, is personally liable to pay the debt incurred during the suspension period. We agree with the trial court that he is not liable.

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