Antar v. Trans World Airlines Inc.
| Decision Date | 16 December 1970 |
| Citation | 320 N.Y.S.2d 355,66 Misc.2d 93 |
| Parties | ANTAR v. TRANS WORLD AIRLINES INC. |
| Court | New York Supreme Court — Appellate Term |
Chadbourne, Parke, Whiteside & Wolff, Harold L. Warner, Jr., New York City, for appellant.
Solomon E. Antar, Brooklyn, pro se.
Before GROAT, P.J., and SCHWARTZWALD and MARGETT, JJ.
Judgement unanimously reversed, with $30 costs to defendant, and complaint dismissed.
In this action against Trans World Airlines, Inc. (TWA), plaintiff seeks to recover $8,119.20 paid to one Peters who had issued six airline tickets which TWA refused to honor. Plaintiff proceeds on the theory of agency and alleges breach of contract. The essential facts are not in dispute.
Peters operated a travel agency under the name of 'The Wonderful World of Travel.' He had been an authorized agent of TWA in Hollywood, California, but not in New York and the California agency was revoked by TWA on December 1, 1969. Shortly prior to such revocation, on November 15, 1969, Peters was introduced to plaintiff as a travel agent who was just commencing to do business in New York. Peters informed plaintiff of a 'wonderful offer * * * given by the airlines' of a New York-Tel Aviv thirty-day tour for $1,353.20, which price included round-trip air travel, tours, first-class hotel accommodations, two meals a day and all ground transportation. Plaintiff gave him $100 as a 'binder' for four 'tickets.' Several days later, plaintiff received from Peters a communication under the letterhead of 'The Wonderful World of Travel,' in which he acknowledged receipt of the $100 deposit 'for the tour tickets to Tel Aviv for next summer' and suggested that the balance be paid in full as soon as possible. The letter further stated:
On November 26, 1969, plaintiff paid $3,312.80 in cash to Peters and on December 16, 1969, gave him $2,706.40 for two additional tickets and the balance of $2,000 on the original tickets. Upon making these latter payments, plaintiff received six airline tickets issued by Peters on TWA. Each ticket recited a consideration of $1,353.20. The following month, plaintiff attempted to contact Peters for the purpose of completing all arrangements and, when efforts to locate him proved fruitless, he contacted TWA. Thereupon plaintiff was informed that he had been defrauded by Peters, but that TWA would not honor the tickets.
The parties stipulated that the round-trip New York-Tel Aviv rate for first-class air travel was $1,353.20 per person, which is the exact amount plaintiff and Peters had agreed upon as the cost of the entire trip, inclusive of...
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