Legal Question in Business Law in Indiana

Agent / Principal

Jane Doe entered into a contract with Sam's Home Repair to repair her damage to her roof (home and garage.) She contacted Sam's and spoke to John Smith whom she thought was an employee of Sam's. He came out and gave her an estimate. She signed and paid in full at the time of signing. The work was never completed. When she called to complain she was told that John Smith was not an employee, he was a cousin of the owner who answered the phone during lunch hours. Sam's never received any of the money Jane paid for repairs. Both threatened to sue.


Asked on 6/23/01, 9:31 am

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Agent / Principal

Jane Doe will be able to successfully pursue a claim against both Sam's Home Repair and John Smith. By permitting the thief John Smith to respond to customer inquiries, Sam's Home Repair established an agency relationship. Jane Doe should also refer the matter to the police or county prosecutor, since John Smith appears to have committed theft.

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Answered on 6/30/01, 12:12 pm


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