Atlantic Salmon A/S v. Curran
Appeals Court of Massachusetts
591 N.E.2d 206 (1992)
Curran (defendant) bought salmon on credit from Salmonor A/S and Atlantic Salmon A/S (plaintiffs), claiming to represent one of two nonexistent companies. In fact, Curran's own dissolved corporation, Marketing Designs, Inc. (MDI), was doing business as "Boston Seafood Exchange," a fact he never disclosed to the sellers. When over $250,000 in checks from the supposed "Boston International Seafood Exchange, Inc." bounced, the sellers sued Curran personally. Curran argued he wasn't liable because he was really acting for MDI, and that the sellers knew they were dealing with some kind of corporate entity even if the specific name was fictitious. The trial court agreed with Curran.
Whether a person is personally liable on a contract made on behalf of a principal whose identity was not disclosed to the other party.