Amerven, Inc. v. Abbadie, 69--907
| Decision Date | 11 August 1970 |
| Docket Number | No. 69--907,69--907 |
| Citation | 238 So.2d 321 |
| Court | Florida District Court of Appeals |
| Parties | AMERVEN, INC., a Florida corporation, Appellant, v. Juan A. ABBADIE, doing business as Sesko International Co., and Chester, Blackburn & Roder, Inc., a Florida corporation, jointly and severally, Appellees. |
Charles R. Tripp, Miami, for appellant.
Smathers & Thompson, and William C. Lewis, Jr., Miami, for appellees.
Before PEARSON, C.J., and CHARLES CARROLL and HENDRY, JJ.
The appellant was plaintiff below, and filed its complaint alleging that the appellees were jointly and severally liable in contract and tort because they either: (a) breached their individual contracts with the appellant; (b) jointly breached their contracts with the appellant; or (c) were jointly and severally negligent so as to proximately cause the appellant to lose the sale of an automobile because either or both appellees caused the automobile not to be delivered as scheduled to the Netherland Antilles. The appellant had sold an automobile to a customer on the condition that the automobile would be delivered to the Netherland Antilles no later than July 31, 1968. Appellee Sesco International Co. orally agreed to arrange transport for the car to arrive in Curacao no later than July 31; Sesco International thereupon delivered the auto to appellee Chester, Blackburn and Roder, Inc., a registered ship broker, who contracted to be responsible for having the automobile brought aboard a vessel owned by Atlantic Lines Ltd. The vessel sailed from Miami on July 22 and arrived in Curacao without the automobile. The car had been left at dockside in Miami and the customer cancelled his purchase order.
The appellee, Chester, Blackburn and Roder, Inc., filed its motion to dismiss which was granted. The appellant has appealed the final judgment entered upon the motion to dismiss. Chester, Blackburn & Roder, Inc. contends that because of its status as the agent of a disclosed principal, namely, Atlantic Lines Ltd., no cause of action can lie against it, but rather may only be brought against the principal.
We cannot accept the above position. The final judgment entered in favor of Chester, Blackburn and Roder, Inc., was error. The general rule is that, unless the evidence is susceptible to but one interpretation (which is not the situation at bar) the question of whether an agency relationship exists is for the jury to determine. Standard Oil Company v. Nickerson, 103...
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