In consideration of an open account privilege, I hereby understand and agree to the above terms.
· Should it become necessary to place this account for collection I shall personally obligate myself and my corporation, if any, to pay the entire amount due including service charges (as outlined above terms) thirty-three and one-third (33?%) attorney’s fees, and all costs of collection, including court costs.
· Signed [Harold H. Heidingsfelder] Company J. O. H. Construction Co., Inc.
When J. O. H. Construction failed to make payment, Pelican, claiming it was a holder of a negotiable instrument, sued Heidingsfelder to hold him personally liable for his failure to indicate a representative capacity on the credit agreement. He claims that a credit application is not a negotiable instrument and that he could not be held personally liable. Is he right? [Pelican Plumbing Supply, Inc. v. J. O. H. Construction Co., Inc., 653 So. 2d 699 (La.)]