The defendant Robert J. DeLisa has appealed from a judgment holding him personally liable for goods and services provided on an oral contract with the plaintiff Eugene Murphy. DeLisa claims that the trial court erred in failing to find that the plaintiff had notice that the contract was with a corporation, the Dell Corporation.
The law is settled that where an agent contracts in his own name, without disclosing his representative capacity, the agent is personally liable on the contract. Diamond Match Co. v. Crute,
Whether the status of the Dell Corporation as principal was undisclosed to Murphy so that he might hold DeLisa personally liable on the contract is a question of fact. Klepp Wood Flooring Corpo
There is no error.
Notes
This action was originally brought by the plaintiff against the Dell Corporation and Robert J. DeLisa; however, the plaintiff withdrew his action as to the Dell Corporation.
