Associated Creditors' Agency v. Haley Land Co.

This action was commenced by respondent Associated Creditors’ Agency, as assignee, to recover upon certain claims assigned to it, covering goods, wares and merchandise sold and delivered to the named defendants. There were many defendants named in the original complaint, bnt those before us on this appeal are Haley Land Co., Inc., El Campo Fraternal Golf & Country Club, Inc., and Wesley Mart and John Zacker. In the same action, Mart filed a cross-complaint against Haley and El Campo, seeking damages for breach of certain oral agreements. The action was tried without a jury. The court found that Haley became indebted to respondent’s assignors in the sum of $32,798. The court further found that Mart was entitled to recover from Haley the sum of $21,161.40 because of breach of an oral agreement between Mart and Haley. Upon entry of judgment for these amounts, Haley appealed.

In order to understand the issues presented by appellant Haley, it is necessary to set out the facts in some detail. The record shows that Haley is a corporation; that Dr. Samuel Levine is its president and Dr. Julius Levine is its secretary. Haley owned or controlled the real property upon which El Campo had…