83 A.D.2d 751 | N.Y. App. Div. | 1981
Judgment unanimously affirmed, with costs. Memorandum: In this action for the purchase price of two sales of lumber in 1977, defendant William McCombs appeals from the judgment against him. The two issues on appeal are whether McCombs is liable in his individual capacity for this indebtedness, and whether the trial court erred in denying McCombs’ motion, made orally upon the opening of trial, to amend his answer to plead the Statute of Frauds. McCombs is the president, secretary and treasurer, sole shareholder and only director of Chili Lumber, Inc. (Chili Lumber). His personal office and Chili Lumber’s office are housed in the same small office building. In 1974 Donald Taft was the manager of Chili Lumber. The business relationship between plaintiff and defendants commenced in February, 1974