Atlantic Salmon A/S v. Curran

Facts

The defendant began doing business with the plaintiffs, Salmonor A/S and Atlantic Salmon A/S, Norwegian corporations and exporters of salmon. At all times, the defendant dealt with the plaintiffs as a representative of “Boston International Seafood Exchange, Inc.,” On May 1977, a Massachusetts corporation named “Marketing Designs, Inc.,” was organized. It was created for the purpose of selling motor vehicles. As of 1983, the defendant was the president, treasurer, clerk, a director and the sole stockholder of that corporation. On October 1983, however, Marketing Deisngs, Inc., was dissolved for failure to make requisite corporate filings. Salmonor is owed money for salmon sold to a business known as Boston International Seafood Exchange during 1988. The defendant never informed plaintiffs of the existence of Marketing Designs, Inc., and the plaintiffs did not know of it until after the commencement of the present litigation. Defendant argued that he was acting as an agent of Marketing Designs in 1988 when he incurred the debt to plaintiffs.