151 Conn.App. 486
Conn. App. Ct.2014Background
- Plaintiff Abele Tractor sued Sono Stone & Gravel and MacIntyre for unpaid invoices under a credit arrangement and several equipment rental contracts.
- MacIntyre signed a personal guaranty; Sono admitted an agreement existed but disputed liability.
- Defenses asserted: defective equipment, equitable or promissory estoppel, and set-off against alleged damages.
- Attorney trial referee conducted hearings in 2010; issued a report on April 28, 2011 finding unpaid amounts, accruing interest, and MacIntyre liable; defenses rejected.
- Trial court overruled 19-4 timeliness objection and enforceability objections in separate rulings in 2011 and 2012, then granted judgment to plaintiff for $26,624.26 plus interest and fees to be determined.
- On appeal, the appellate court upheld the trial court’s rulings and affirmed judgment for plaintiff.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the referee’s report was timely under Practice Book § 19-4 | Timely completion date aligned with posttrial briefing and subsequent filings | Report filed too late after trial completion | Report timely under § 19-4 |
| Whether the credit account agreement and personal guaranty were enforceable | MacIntyre knowingly signed a valid credit agreement with personal guarantee | Signatures and illegibility create nonbinding terms | Enforceable; appearance of illegibility did not negate enforceability |
| Whether the rental agreements and delivery tickets formed an integrated contract | Two documents together constitute one integrated contract, with merger clause and consistent terms | Documents lack cross-reference, could be nonintegrated | Integrated contract; no reversal warranted |
| Whether Sono’s apparent authority defense negates enforceability | Sono employees' signatures bound Sono under apparent authority and pre-delivery negotiations | No authority to bind Sono via unknown fine print terms | Apparent authority established; contracts enforceable |
Key Cases Cited
- Frank v. Streeter, 192 Conn. 601 (1984) (completion date for §51-183b includes filing of briefs to enable reasoned decision)
- Cowles v. Cowles, 71 Conn. App. 24 (2002) (120-day period begins when posttrial materials filed)
- Gumpert v. Ore-Ida Foods, Inc., 39 Conn. App. 635 (1995) (attorney referee reports; lack of jurisdictional impact when rule violated)
- Ficara v. O’Connor, 45 Conn. App. 626 (1997) (timeliness rule for attorney trial referee reports)
- Nash v. Stevens, 144 Conn. App. 1 (2013) (integration of writings; parol evidence principles)
- Ippolito v. Ippolito, 28 Conn. App. 745 (1992) (posttrial briefing treated as part of the record)
- Landmark Investment Group, LLC v. Chung Family Realty Partnership, LLC, 125 Conn. App. 678 (2010) (apparent authority and agency principles in contract formation)
- Bonito v. Bonito, 140 Conn. App. 697 (2013) (interpretation of §19-4 completion date in light of trial filings)