Question
Sonenberg Company managed Westchester Manor Apartments through its on-site property manager, Judith. Manor Associates Limited Partnership, whose general is Westchester Manor, Ltd., owned the complex.
Sonenberg Company managed Westchester Manor Apartments through its on-site property manager, Judith. Manor Associates Limited Partnership, whose general is Westchester Manor, Ltd., owned the complex. The entry sign to the property did not reveal the owner's name but did disclose that Sonenberg managed the property. Judith contracted Redi-Floors and requested a proposal for installing carpet in several of the units. In preparing the proposal, Redi-Floors confirmed that Sonenberg was the managing company and that Judith was its on-site property manager. Sonenberg did not inform Redi-Floors of the owner's identity. Judith and her assistant orally ordered the carpet, and Redi-Floors installed the carpet. Redi-Floors sent invoices to the complex and received checks from "WEstchester Manor Apartments." Believing that Sonenberg owned the complex, Redi-Floors did not learn of the true owner's identity until after the work had been completed when a dispute arose concerning the payment of some of its invoices.
a. What arguments would support Redi-Floors in recovering on the outstanding invoices from both Sonenberg and Manor Associates?
b. What arguments would limit Redi-Floors to recovering on the outstanding invoices from either Sonenberg or Manor Associates?
c. Explain what the outcome would be under (1) the Second Restatement and (2) the third Restatement.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started