Unformatted text preview: entered in a contract with Valiga on September 12, 1988, the articles were not filed with the state until December 9, 1988, and by the Registrar’s office in Knox County until January 12, 1989. November 9, 1988, Valiga terminated the contract with Waddell. Their issues were patched up and the contract continued from November to February the next year. Valiga was expressed his concern for the overall price by Waddell, three day later Waddell quit as Valiga’s contractor. The plaintiff's theory: Christmas Lumber Co., Inc. filed a materials lien against Waddell for construction material is purchased for the use in Valiga’s project. The defendant's theory: Valiga filed a separate lawsuit against Waddell and Graves claiming there was no corporation chartered by the State of Tennessee named R.H. Waddell Construction Inc., when the contract was entered into on September 12, 1988. The legal issue: Did Waddell comply with the applicable state or federal corporation law regarding his business? The holding of the court: Based on the roles occupied by Waddell and Graves during the construction of Valiga’s house, coupled with the terms of Joint Agreement, Waddell’s disposition testimony he and Graves were “partners”, Grave’s testimony that he spent a significant amount...
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- Summer '13
- Business Law, Corporation, Waddell, Robert Waddell, R.H. Waddell Construction