PARTIES AND ATTORNEY'S FEES - MAJOR MILLWORKS, INC. V. MAE HARDWOODS, INC.,
Major Millworks, Inc. v. MAE Hardwoods, Inc., d/b/a American Hardwoods, Inc. [Ms. 2130304, June 12, 2015] __ So. 3d __ (Ala. Civ. App. 2015). The Court rejects an argument that the plaintiff was not a party to the contract because the plaintiff had bought the entity that entered into the contract and continued doing business in that name. The Court cites authorities that a company or a person “may adopt any name, style or signature wholly different from his own name by which he may transact business, execute contracts, issue negotiable paper and sue and be sued.” Also, an assignee of corporate goodwill may use the old corporate name. The Court reverses an award of attorney fees, however, because the plaintiff did not present appropriate proof to support the attorney fees awarded.
Related Documents: Major Mill Works 6-12-15