Sole Proprietorship James Schuster was a sole proprietor doing business as (d.b.a) "Diversity Heating and Plumbing" (Diversity heating). Diversity heating was in the business of selling, installing, and servicing heating and plumbing systems. George Vernon and others (Vernon) owned a building that needed a new boiler. Vernon hired Diversity Heating to install a new boiler in the building. Diversity Heating installed the boiler and gave a warranty that the boiler would not crack for ten years. Four years later, James Shuster died. On that date, James's son, Jerry Schuster, inherited his father's business and thereafter 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 was broken and it could not be repaired. Vernon demanded that Jerry Schuster shall honor the warranty and replace the boiler. When Jerry Schuster refused to so, Vernon had the boiler replaced at a cost of $8,203 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. Is Jerry liable for his warranty made by his father?
