1 Conn. App. 680 | Conn. App. Ct. | 1984
The plaintiff and the defendant entered into three separate advertising contracts. The defendant is an advertising agent who operates under the name Ad Infinitum from his home. All negotiations relative to these contracts were conducted between the defendant and William Rasmussen, a former employee of the plaintiff. The contracts called for the plaintiff to provide advertising services for a Grinold Auto Parts, Inc.
The first contract, dated February 6, 1976, was for a one eighth sponsorship in ten games in the plaintiff's radio broadcasts for the 1975-1976 hockey season. The second contract, dated February 9, 1976, was for advertising in the Whalers Blue Line Magazine for the 1975-1976 season. The third contract, executed in early April of 1976, was for a one eighth sponsorship in the plaintiff's radio broadcasts for the 1975-1976 season playoffs. The plaintiff fulfilled its obligations under the contracts but was not paid for its services.
The three contracts named "Grinold Auto Parts, Inc.," as the client and each was signed by the defendant. On the first and third contracts, the defendant signed the document over the word "Officer." On the second contract, the defendant signed the document on the line marked "authorized by," and the initials "V.P." were placed next to his name over the word "title." The defendant's home address was used on the *682 contracts. All bills were sent to the defendant at his home address within a short period after each ad appeared or was broadcast.
This is an action on a debt in which the plaintiff seeks to recover for its advertising services provided to the defendant. The defendant, by way of a special defense, alleged that he was not a principal party to the three contracts, but acted as an advertising agent for Grinold Auto Parts, Inc. The trial court found that the defendant was not an agent of Grinold Auto Parts, Inc., but that he acted as a principal to the contract and, thereby, was personally liable to the plaintiff. Judgment was rendered for the plaintiff in the amount of $7437.50 plus interest from June 18, 1979, the date on which the plaintiff filed an offer of judgment. The defendant appeals.1
The defendant assigns as errors2 essentially (1) that the trial court erred in ruling that the defendant acted as a principal in contracting with the plaintiff; (2) that the trial court erred in ruling that the advertiser, "Grinold Auto Parts, Inc.," was a trade name and not a Connecticut corporation; (3) that the trial court erred in failing to draw an unfavorable inference under the Secondino rule from the plaintiff's failure to call William Rasmussen as a witness on its behalf; and (4) that if the trial court's judgment is correct, there is error in awarding the plaintiff interest from the time the plaintiff filed an offer of judgment. *683
The defendant's claim of error that the trial court erred in finding him individually responsible for the debt is without merit. To avoid personal liability, it is the duty of an agent to disclose both the fact that he is acting in a representative capacity and the identity of his principal, since the party with whom he deals Is not required to discover or to make inquiries to discover these facts. Klepp Wood Flooring Corporation v. Butterfield,
The existence of an agency relationship is a question of fact for the trier. Botticello v. Stefanovicz,
On the basis of the evidence, the trial court reasonably determined that the defendant did not act as an agent. It is the function of the trial court to weigh the evidence and judge the credibility of the witnesses. Murphy v. Dell Corporation,
There is no error.
In this opinion the other judges concurred.