James Schuster was a sole proprietor doing business as (d.) Diversity Heating and Plumbing.

James Schuster was a sole proprietor doing business as (d.b.a.) “Diversity Heating and Plumbing”. Diversity Heating was in the business of selling, installing, and servicing heating and plumbing systems. George Vernon and others owned a building that needed a new boiler. Vernon hired Diversity Heating to install a new boiler. Diversity Heating installed the boiler and gave warranty that the boiler would not crack for 10 years. Four years later, James Schuster passed way. On that date, James’s son, Jerry Schuster, inherited his father’s business and ran the business as a sole proprietorship under the d.b.a. “Diversity Heating and Plumbing”. One year later, the boiler installed in Vernon’s building broke and could not be repaired. Vernon demanded that Jerry Schuster honor the warrant and replace the boiler. When Jerry Schuster refused to do so, Vernon had the boiler replaced at a cost of $8203.00 and sued Jerry Schuster to recover this amount for breach of warranty. Jerry Schuster argued that he was a sole proprietor and as such he was not liable for the business obligations his father had incurred while operating his own sole proprietorship.
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