Stewart Realty Co. v. Keller

193 N.E.2d 179 (1962)

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Nature of the Case

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Facts

P had Keller (D) sign a contract for the sale of real estate. P knew that when D signed the contract, the name that D signed under, Avon Brand, Inc. did not exist. D expressly declined to execute any contract naming him as a party individually. Under the contract, title to the real estate was not to be conveyed until June 30, 1964 after certain payments. A down payment of $5,000 and two monthly payments of $350 had been made but other prescribed payments had long been in default. It also was discovered that a corporation named Byrnes Rest, Inc. of which D was president took possession of the premises, that it yielded possession after several months to Avon Brand, Inc, and that at the time the action was brought neither D nor any corporation to which D was connected was in possession of the real estate; the keys had been returned to P several months beforehand. P sued D and to prevail P had to prove that D was personally liable under the contract. Proof was presented, and D got a directed verdict. P appealed.