[DOWNLOAD] "Stoner Broadcasting New York" by Supreme Court of New York " Book PDF Kindle ePub Free

by Bernadine Hughes July 08, 2021 Post a Comment

eBook details

Title: Stoner Broadcasting New York
Author : Supreme Court of New York
Release Date : January 01, 1982
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

Appeal from an order of the Supreme Court at Special Term (Bryant, J.), entered July 7, 1981 in Broome County, which granted plaintiffs motion for summary judgment. Between June 4, 1980 and September 4, 1980, defendant Connie Gotthard, doing business as New Dimensions Advertising, contracted with plaintiff, a radio station, for radio advertising on behalf of a client, K.L. & Spitler, Inc. After such services were provided, plaintiff billed the agency and, when payment was not forthcoming, sued Connie Gotthard personally. After issue was joined, plaintiff moved for summary judgment. Special Term granted plaintiffs motion and this appeal ensued. We reverse. Clearly, a third person who knows that an agent is acting for a disclosed principal in executing a contract cannot hold the agent liable thereon unless it is clear that the agent intended to bind himself personally (Renel Constr. v Brooklyn Coop. Meat Distr. Center, 59 A.D.2d 391, 394-395, affd 46 N.Y.2d 859). Given the pragmatics of a radio station dealing with an agency for advertisers, plaintiffs contention, accepted by Special Term, that the subject contract was between principals is untenable. Next, unless otherwise agreed, an agent for a disclosed principal is not a party to a contract which the former makes for the latter unless the agent pledges his individual responsibility. Here, whether the individual defendant as agent made such a commitment by paying earlier invoices submitted by plaintiff for services rendered the disclosed principal is a question of fact. Defendants answer properly raised this triable issue. Order reversed, on the law, with costs, and plaintiffs motion for summary judgment denied. Mahoney, P.J., Casey, Mikoll, Yesawich, Jr., and Levine, JJ., concur.