Cengage Advantage Books: Fundamentals of Business Law 9th Edition by Roger LeRoy Miller

تمرين 22

Disclosed Principal. Mario Sclafani (doing business as Martinucci Desserts USA, Inc.), wanted to place small refrigeration units containing point-of-purchase imported Italian desserts in New York City restaurants. Felix Storch, Inc., makes commercial refrigeration units. Sclafani ordered custom units for $18,000. Felix faxed a credit application to Sclafani. The application was faxed back with Sclafani's business banking information, credit references, and a signature that appeared to be Sclafani's beneath a personal guaranty clause. Felix made and delivered the units. The imported dessert business failed, and the units were not paid for. Felix filed a suit in a New York state court against Sclafani to collect. Sclafani denied that he had seen the credit application or signed it and testified that he referred all credit questions to "the girls in the office." Among these parties, who is the principal? Who are the agents? Who is liable on the contract? Explain. [ Felix Storch, Inc. v. Martinucci Desserts USA, Inc., 30 Misc.3d 1217, 924 N.Y.S.2d 308 (2011)]