Facts
Six months ago, my wife and I visited Mount Lebanon Church Sunday service, where I initially met the defendant, Mrs. Jolley. After she finished teaching Sunday school class I pulled Mrs. Jolley aside to speak with her about trying to become more involved in church and shared with her information about my business. During our conversation, we discovered that we shared similar business interests such as the food industry. Mrs. Jolley informed me that she has her own business where she grows high antioxidant grapes. I told Mrs. Jolley that I am interested in growing my business and is looking for new products to incorporate in my store. Mrs. Jolley asked me would I be interested in housing some of her samples of her grapes. I agreed and …show more content…
Although, Mrs. Jolley and I did not have at the time a written agreement about our partnership with her supply my company, I believe that we had an implied contract. An implied contract is described as two parties that are in agreement by action involved that are not written or spoken (Parks and Schmedemann, 1994, pg. 406). Mrs. Jolley supplied my company with her product on a set delivery and pay schedule. In addition, prior to putting her product in my store we had discussed about the promotion plan of her merchandise.
Mrs. Jolley stated that I committed fraud against her company because I did not inform her about the contract and told her son to provide his signature. In addition, Mrs. Jolley stated that her son was a minor at the time he provided his signature, so the contract was not valid. I was not aware that her son was underage at the time of signature and I assume he could sign on the basis of apparent authority. By her son being employed and represented as an agent for her business, I assumed that he could sign as a reasonable third party (Whelan and Dunigan, 1967, pg. 831). Under apparent authority her son would act on her behalf since she was not
Six months ago, my wife and I visited Mount Lebanon Church Sunday service, where I initially met the defendant, Mrs. Jolley. After she finished teaching Sunday school class I pulled Mrs. Jolley aside to speak with her about trying to become more involved in church and shared with her information about my business. During our conversation, we discovered that we shared similar business interests such as the food industry. Mrs. Jolley informed me that she has her own business where she grows high antioxidant grapes. I told Mrs. Jolley that I am interested in growing my business and is looking for new products to incorporate in my store. Mrs. Jolley asked me would I be interested in housing some of her samples of her grapes. I agreed and …show more content…
Although, Mrs. Jolley and I did not have at the time a written agreement about our partnership with her supply my company, I believe that we had an implied contract. An implied contract is described as two parties that are in agreement by action involved that are not written or spoken (Parks and Schmedemann, 1994, pg. 406). Mrs. Jolley supplied my company with her product on a set delivery and pay schedule. In addition, prior to putting her product in my store we had discussed about the promotion plan of her merchandise.
Mrs. Jolley stated that I committed fraud against her company because I did not inform her about the contract and told her son to provide his signature. In addition, Mrs. Jolley stated that her son was a minor at the time he provided his signature, so the contract was not valid. I was not aware that her son was underage at the time of signature and I assume he could sign on the basis of apparent authority. By her son being employed and represented as an agent for her business, I assumed that he could sign as a reasonable third party (Whelan and Dunigan, 1967, pg. 831). Under apparent authority her son would act on her behalf since she was not