ContractsProf Blog

Editor: Jeremy Telman
Valparaiso University Law School

Wednesday, August 7, 2019

Oops! Writing the wrong corporate name on a contract doesn't necessarily excuse you from that contract

A recent case out of Texas, Austin Tapas, LP v. Performance Food Group, Inc., No. 03-18-00680-CV, refuses to let a party off on the technicality of having accidentally put the wrong corporate name on the contract. The proper corporate entity was Austin Tapas, LP. The contract had the name Austin Tapas, LLC. Austin Tapas, LP argued that this meant there had never been a contract between it and Performance Food Group. The court disagreed, though. There was no entity named "Austin Tapas, LLC" and the writing of that name on the contract was merely an error, as Austin Tapas itself admitted. Therefore, it was bound to the contract.

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