RKO-STANLEY WARNER THEATRES, INC. V. GRAZIANO
355 A.2d 830 (1976)
NATURE OF THE CASE: This was a dispute over enforcement of a sale of land.
FACTS: RKO (P) and Jenofsky (D) and Graziano (D1) entered into an agreement to purchase
land from P for a price of $70,000. The closing was delayed and eventually P sued D to
enforce the sale. Jenofsky denied personal liability. At the time of the execution of the
agreement, D and D1 were engaged in promoting the formation of a corporation. The sales
agreement specified that they were to incorporate. Ds did file the papers prior to closing
and D1 claims that this application for the corporation released him from any personal
liability for nonperformance of the sales agreement. P got the judgment and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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