Barnes V. Treece

The plaintiffs Barnes appeal, and the defendant Warren Treece cross-appeals, from a judgment entered in plaintiffs' breach of contract action against Treece and the defendant Vend-A-Win, Inc. The plaintiffs  appeal from the portion of the judgment dismissing Vend-A-Win from the action with prejudice and assert that Vend-A-Win either clothed Treece with apparent authority or ratified the contract made by him. Treece cross-appeals from the portion awarding plaintiffs a $100,000 judgment against him personally and claims that no contract was ever formed. We affirm the trial court's holding that Treece was personally liable on a valid, enforceable contract, but that he did not have apparent authority to enter into the contract on behalf of the corporation and Vend-A-Win did not ratify the contract.