Stahl v. Lepage
Stahl v. Lepage
Opinion of the Court
This is a case of automobile engine woe made worse after repair and an attempt to hold a service station owner liable, on a theory of apparent authority, for the mechanic’s repairs. The trial court determined that, though plaintiff was poorly used and as a consequence severely damaged, there was no actual authority given to the mechanic to bind defendant service station owner, nor did defendant hold out the mechanic as an agent with apparent authority to bind him, and consequently concluded defendant was not liable to plaintiff. We affirm.
Defendant advised plaintiff that he would not be able to do the work but that Donley could use the garage facilities if he wanted to take the job. The car needed a new engine. Plaintiff requested an engine of no less horsepower than the one then in her car, but Donley installed an engine of much less horsepower, and the installment was poorly done. The outcome was inevitable. The engine proved defective, and plaintiff had to replace the engine at a cost to her of $400.00. She paid for the majority of the bill by endorsing a check payable to her over to “Ray Donley (Country Club 66)”, and the balance was paid in cash.
Plaintiff argues that the trial court, as a matter of law, should have concluded that defendant was estopped from denying that Donley acted as his agent in repairing plaintiff’s car. A principal, she argues, citing Restatement (Second) of Agency § 8B (1957), is estopped to deny the agency and the authority of the agent to act if the principal knew the third party believed she was dealing with an agent with authority to bind the principal, yet failed to clarify the situation. See Locklin v. Davis, 71 Vt. 321, 322, 45 A. 224 (1899).
Plaintiff’s estoppel argument, though, must fail in light of the court’s specific finding, detailed above and supported by the evidence, that defendant advised plaintiff that he would not be able to do the work, but that Donley could use the garage facilities if he wanted to take the job. It is clear that defendant did clarify the employment situation and that plaintiff proceeded thereafter to deal exclusively with Donley. Wilder v. Hinckley Fibre Co., 97 Vt. 45, 122 A. 428 (1923).
The findings of the trial court must stand if there is credible evidence fairly and reasonably supporting them. V.R.C.P. 52(a); Lafountain v. Vermont Employment Security Board, 133 Vt. 42, 330 A.2d 468 (1974). There is no error in the
Plaintiff’s estoppel argument cannot prevail. The lower court’s findings, amply supported by the evidence, support the conclusion that defendant was not liable for Donley’s poor quality of work which caused plaintiff damage.
Judgment affirmed.
Reference
- Full Case Name
- Sarah Stahl v. Raymond Lepage, d/b/a Country Club 66, Inc.
- Status
- Published