Question
A asks the family business Schmidt m.b.H & Co. KG (K-KG) to make him an offer for the renovation of his workroom. Koelmann (K) is
A asks the family business "Schmidt m.b.H & Co. KG" (K-KG) to make him an offer for the renovation of his workroom. Koelmann (K) is a limited partner of the KG and works for it as a painter. Two days after his enquiry, A receives a written offer from K on K-KG's letterhead to renovate his workroom for 500.00 plus VAT. A happily writes back to K-KG that he accepts the attractive offer. In response to this letter Willy (W), sole managing director of Schmidt m.b.H. and father of K, informs him that K-KG does not feel bound by this much too attractive offer. K was not entitled to represent K-KG. He (W) had also expressly forbidden his son K to make such offers in the past. If he does so anyway, this is not the problem of K-KG. a) Can A demand that K-KG carry out the order as offered? b) If applicable, can A demand that K renovate A's study? c) Can A demand the costs for the repair of his desk from K-KG if K-KG has accepted the order and has renovated the study impeccably, but during the renovation by the painter K the painter did not properly cover A's desk with foil, so that paint has dripped onto the sensitive veneer, which can now no longer be removed without scratches?
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