DEVELOPMENT v. 607 SOUTH PARK
Where defendant limited liability company entered into contract to sell real property to partnership, and partnership subsequently assigned rights under contract to plaintiff limited liability company that did not exist at time of contract formation, plaintiff could enforce any pre-organization contract made on its behalf if plaintiff adopted or ratified such agreement, and trial court erred in granting summary judgment to defendant. Defendant could not argue that plaintiff failed to adopt or ratify agreement where defendant did not raise argument below. Where defendant contended that plaintiff was required to present admissible evidence that it would have been financially able to close transaction, but presented no evidence that plaintiff could not arrange for necessary funding to close transaction on time, burden of production never shifted to plaintiff to present contrary evidence, and summary judgment for defendant was improper.
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