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Business Organizations Keyed to Chasalow, 3rd Ed.
Moneywatch Cos. v. Wilbers
Citation:
106 Ohio App. 3d 122, 665 N.E.2d 689 (1995)Facts
In December 1992, Jeffrey Wilbers entered into negotiations with Moneywatch Companies for commercial property space in Middletown, Ohio. During negotiations, Wilbers indicated he intended to create a corporation for his golfing business. Moneywatch’s property manager testified she advised Wilbers he would remain personally liable even if a corporation was formed, though Wilbers disputed this. Wilbers submitted a personal financial statement and business plan at Moneywatch’s request. On December 23, 1992, a lease was signed naming “Jeff Wilbers, dba Golfing Adventures” as tenant. After incorporating “J & J Adventures, Inc.” in early 1993, Wilbers requested the tenant name be changed on the lease. Moneywatch agreed to the name change in a letter dated March 1, 1993. Rent checks were paid using the corporation’s name, but all correspondence from Moneywatch was addressed to Wilbers personally at his home. When the corporation defaulted and vacated the premises, Moneywatch sued Wilbers personally for breach of contract.
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