Question: Cecil Hill was in the construction trade. He did business as "C&M Builders,Inc.," although there was no such corporation. County Concrete Co.supplied "C&M Builders, Inc." with over $50,000 worth of concrete for which it was not paid. The supplier filed a suit in a Maryland state court against Hill personally. Hill argued that because the supplier thought it was doing business with a corporate entity, C&M was a de facto corporation, and thus Hill was not personally liable.
Should Hill be allowed to avoid liability on this basis? Why or why not?