Teller, Levit Has Judgment Affirmed On Appeal

Teller, Levit represented a national advertising publisher in a breach of contract action to recover amounts due from an individual co-obligor. The corporate obligor was no longer in business. The plaintiff publisher prevailed in the trial court on the issue of individual liability and judgment was entered in its favor. The Defendant appealed the trial court’s finding, arguing that the court’s decision was against the manifest weight of the evidence. On appeal, the Defendant again argued that he did not intend to be personally liable as evidenced by the inclusion of the designation “President” after his signature on each of the contracts at issue. The appellate court found that the Defendant was personally liable, despite this inclusion, due to the express language contained in the contracts that he was signing both “Individually and for the Customer”, the Defendant’s level of sophistication, and the lengthy course of dealing between the parties. The appellate court concluded that the intent to be personally bound may be inferred by implication reasonably drawn from the facts and circumstances of the case.

For a copy of the entire opinion, click here.