Mancorp, Inc. v. Culpepper

In Mancorp, Inc. v. Culpepper, 802 S.W.2d 226, 228 (Tex. 1990), a building contractor, Mancorp, and Culpepper Properties, Inc., filed claims and counterclaims against each other, both alleging breach of a construction contract. 802 S.W.2d at 227. The Supreme Court of Texas noted that: (1) the construction loan was made to Culpepper Properties, Inc., and Culpepper individually; (2) Culpepper personally guaranteed the loan; (3) Culpepper told Mancorp's vice president that he was personally behind the project; (4) Culpepper did business under the corporate name Culpepper Properties, Inc., and personally under the name Culpepper Properties; (5) Culpepper submitted the proposal for the project under the name Culpepper Properties rather than Culpepper Properties, Inc.; (6) he signed a change order personally under the name Culpepper Properties; (7) Mancorp thought that it was doing business with Culpepper, the individual, and that he was paying for the job. Id. at 229.