Appeal and Error. Where no timely statement
of errors is filed in an appeal from a county court to a
district court, appellate review is limited to plain error.
Corporations: Principal and Agent: Contracts:
Liability: Proof. It is the agent's duty to
disclose his or her capacity as an agent of a corporation if
the agent is to escape personal liability for contracts made,
and in the absence of such disclosure, the agent bears the
burden of proof of showing that the contract was made while
acting in a corporate, not individual, capacity.
Courts: Jurisdiction: Equity. Save for
county probate and trust powers and county courts'
limited jurisdiction in granting temporary restraining
orders, jurisdiction in equity actions remains in district
Courts: Jurisdiction: Equity: Statutes.
Although by statute, county courts have concurrent original
jurisdiction with the district court in all civil actions of
any type when the amount in controversy is below a certain
amount, this does not include equity actions.
Corporations: Equity. Proceedings seeking to
pierce the corporate veil are equitable actions.
from the District Court for Douglas County, Gregory M.
Schatz, Judge, on appeal thereto from the County Court for
Douglas County, Stephanie R. Hansen, Judge. Judgment of
District Court affirmed.
J. Anderson, PC, L.L.O., pro se.
Neb. 402] Justin A. Roberts, of Lustgarten & Roberts,
P.C., L.L.O., for appellee Thomas Grady Photography, Inc.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik,
and Freudenberg, JJ.
appellee, Thomas Grady Photography, Inc. (Grady Photography),
sued Amazing Vapor, Ltd.; MCJC Companies, Inc. (MCJC); Manuel
Guillermo Calderon; and Thomas J. Anderson for breach of
contract for failing to pay on two oral contracts for
photography services. Although Calderon and Anderson were
directors of Amazing Vapor, in this appeal, Anderson is the
sole appellant and appears in his individual capacity and is
self-represented. The county court for Douglas County entered
a default judgment in favor of Grady Photography against
Amazing Vapor, MCJC, and Calderon. Thereafter, the county
court held a trial solely on the contract issue and whether
Anderson was individually liable for the debt. On February 7,
2017, the county court found that Anderson owed Grady
Photography $2, 400 under two oral contracts. Anderson
appealed to the district court for Douglas County, which
affirmed the county court's order. On appeal from the
district court, Anderson contends for a variety of reasons
that the district court erred when it affirmed the county
court's order finding him liable. We affirm.
March 2014, Calderon and Anderson formed a corporation named
"Amazing Vapor, Ltd.," and registered it in the
State of Nebraska. The business wholesaled e-cigarette
hardware, supplies, and liquids. The county court found that
Grady Photography entered into two oral contracts during the
spring of 2014 for promotional photography of these products,
that Grady Photography was not paid for the work [301 Neb.
403] performed, and that Anderson received distributions from
Amazing Vapor during the period Grady Photography was owed
money. Amazing Vapor stopped operating in ...