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LIBERTY LUMBER CO. v. PYE

44 Misc.2d 950 (1965)

Liberty Lumber Co., Inc., Plaintiff, v. Woodrow Pye et al., Copartners Doing Business under the Name of Charlwood Construction Co., Defendants.

District Court, Second District, Nassau County.

January 15, 1965

Attorney(s) appearing for the Case

Wolff & Hass for plaintiff. Philip Rosenstock for defendants.

BERNARD TOMSON, J.

In this action for goods sold and delivered, the oral answer reads:

"1. General Denial "2. That the defendant is not a partnership but a corporation formed under and pursuant to the Laws State of New York."

In effect, the defendants have pleaded affirmatively what they sought to prove, i.e., that they acted as agents for a disclosed principal, to wit, the corporation, and are not liable either as individuals...

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