Narrative Opinion Summary
The case involves an appeal concerning a dispute over limousine ticket sales, where the plaintiff sought to recover fees from the defendant, Nancy Powers, who managed a travel agency. Powers contended that the contract was with her corporation, Nancy Powers Associates, Inc., and not with her personally. The trial referee found an implied contract existed between the plaintiff and Powers individually, leading to a damages award to the plaintiff. On appeal, Powers challenged the admissibility of a credit application under the business records exception, arguing it was hearsay and did not meet the criteria for admissibility. The appellate court acknowledged the erroneous admission but deemed it harmless due to supporting evidence. Powers' failure to disclose her role as a corporate agent resulted in personal liability under agency law, as she presented herself as the principal in dealings with the plaintiff. The appellate court upheld the trial court's finding that Powers was personally liable, confirming the judgment was not clearly erroneous. An appeal involving Arthur Barbieri was resolved in his favor, and he is no longer part of the case.
Legal Issues Addressed
Admissibility of Evidence under Business Records Exceptionsubscribe to see similar legal issues
Application: The credit application was admitted in error under the business records exception, as it did not meet the statutory requirements, but this error was considered harmless.
Reasoning: Insufficient evidence was presented to demonstrate that the credit application met the requirements of § 52-180 (a), leading to its erroneous admission under the business records exception.
Agent's Personal Liability when Representative Capacity is Undisclosedsubscribe to see similar legal issues
Application: The court held Powers personally liable because she failed to disclose her capacity as an agent of the corporation, thus binding her personally to the contracts.
Reasoning: Under established law, an agent who does not disclose their representative capacity is personally liable for contracts made.
Harmless Error Doctrinesubscribe to see similar legal issues
Application: The appellate court found that the erroneous admission of the credit application was harmless as other evidence supported the trial court's ruling.
Reasoning: However, this error was deemed harmless because other evidence supported the court’s judgment.
Implied Contracts and Personal Liabilitysubscribe to see similar legal issues
Application: The court found an implied contract between the plaintiff and Nancy Powers individually, making her personally liable for the debts incurred.
Reasoning: The trial referee found that an implied contract existed between the plaintiff and Powers individually, resulting in a damages award to the plaintiff.