Legal Question in Business Law in New Mexico

A pastor leased a copier mostly for his children's home schooling. The church has a copier. The pastor was bound by a spending limit that he exceeded with out going before the church. He stayed a few months and then left and left the copier with a lease of 60 months behind. The company wants the church to pay for the pastors lease. The original lease found in left behind papers ONLY has the pastors name on it but the copier company emailed one today that has the church name where the pastors name was originally. Hm-m-m-m-m. Is the church liable to take on his contract which was done personally? The church has no money and only a few people and cannot afford such a machine.


Asked on 9/06/11, 5:42 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can advise you as follows. Any contract is only binding on the person who signs it. If the person is signing on behalf of an entity, like a corporation, that would be indicated on the signature page, as well as in the recital (first page). It sounds like the original lease has been altered by the leasing company - from what you say. If true, this is fraudulent. You should have an attorney review the original lease and write them a good attorney letter. Of course, you will have to make the copier available to the leasing company for pick up, etc. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 9/06/11, 5:54 pm


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