Question
Read the scenario, then answer the questions below. In May, 1985, Harold Korey opened an account for telephone service with BellSouth for AtlantaTemps, Inc. Atlanta
Read the scenario, then answer the questions below.
In May, 1985, Harold Korey opened an account for telephone service with BellSouth for AtlantaTemps, Inc. Atlanta Temps, Inc., was not incorporated at the time the account was opened, but was subsequently incorporated in August, 1986. BellSouth provided telephone service and submitted bills to Atlanta Temps, Inc., for several years after the account was established. When telephone service was disconnected on July 20, 1992, BellSouth sued Korey for amounts due on the account.
In his answer to the lawsuit, Korey stated that the entity that ordered and received the telephone service was Atlanta Personnel Services, Inc. Atlanta Personnel Services, Inc., was incorporated in April, 1989. BellSouth contends that Korey established service for Atlanta Temps, Inc., and that it was never knew of the existence of Atlanta Personnel Services, Inc.
Consider:
(a) What is the effect of Korey's contention that the true recipient of telephone services was Atlanta Personnel Services, Inc.
(b) If Korey had agreed that Atlanta Temps, Inc., was the entity for whom telephone service was established, would he be liable for the unpaid bill?
(c) Who would be liable if, at the time Atlanta Personnel Services, Inc., was incorporated Korey had advised BellSouth that Atlanta Personnel Services, Inc., was assuming the account?
See - Korey v. BellSouth Communications, Inc., 225 Ga.App. 857, 485 S.E.2d 498 (1998), Court of Appeals of Georgia.
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