My question involves court procedures for the state of: New Jersey
All parties' names have been changed for privacy.
Mike and Robert (fictitious names) are shareholders of a small publicly traded company, and are not direct officers of the corporation per se. However, they are agents of the corporation granted that they have contracts and affiliations with the CEO to get a percentage of sales for wholesaling the company's products.
Mike and Robert, being shareholders of the company, believe it to have much potential and begin investing personal capital into the corporation. They decide to develop an eCommerce site as a retail outlet for the company's products, and hire a web developer to do the work. This web development project was not approved by any directors, and is being paid for by Mike and Robert's personal funds.
The web developer forwards an estimate for services, is granted the job, completes the site, and after both parties' approval of the finished site - bills Mike and Robert $1,200 as agreed.
Mike and Robert are professional career bullshiteerers, and BS their way around not paying the web developer.
Typical breach of contract.
Does the Plaintiff (web developer) sue all three Defendants (the company, Mike and Robert)?
Or just two Defendants (Mike and Robert cited as "Agent/Owner as an Individual")?
In other words, since the company had nothing to do with the site, but was the direct beneficiary of services rendered - is it proper to include the company as a Defendant on the complaint?
Thanks for your help!