D.W.L., Inc. v. Goodner-Van Engineering Company

1 This was an action on open account by vendor who provided restaurant equipment and supplies for the Holiday Inn Motor Hotel at Tulsa, Oklahoma. The parties waived a trial by jury, submitting the cause to the court. Plaintiff-vendor, Goodner-Van Engineering Company, recovered a judgment in the sum of $38,539.91 against the defendant, D.W.L., Inc., the corporate lessee and operator of the hotel establishment. When it became apparent that defendant elected to appeal from this judgment without superseding it, plaintiff instituted below an ancillary proceeding in aid of execution. This proceeding culminated in an order appointing a receiver for the defendant. Upon trial courts refusal to vacate this order, defendant perfected therefrom another appeal. The two separate appeals - each timely brought here by the defendant - were consolidated for disposition. The decisive question presented for our consideration is whether defendant, operator of the hotel, is legally liable to the plaintiff-vendor for the account in litigation. An outline of the record appears necessary to a proper determination of the issue.