Refrigeration Discount Corp. v. Chronis

• Decision Date: 24 October 1933
• Court: Connecticut Supreme Court
• Parties: REFRIGERATION DISCOUNT CORPORATION v. CHRONIS et al.

168 A. 783

117 Conn. 457

REFRIGERATION DISCOUNT CORPORATION v. CHRONIS et al.

Supreme Court of Errors of Connecticut.

October 24, 1933

Appeal from Court of Common Pleas, District of Waterbury; Miles F McNiff, Deputy Judge.

Suit by the Refrigeration Discount Corporation against L. A. Chronis and others to recover a balance on a conditional sales contract, brought to the court of common pleas for the district of Waterbury, and tried to the court. Judgment for the plaintiff, and appeal by the defendants.

No error.

William K. Lawlor, or Waterbury, for appellants.

Philip N. Bernstein, of Waterbury, for appellee.

Argued before MALTBIE, C.J., and HAINES, HINMAN, BANKS, and AVERY JJ.

AVERY Judge.

In its complaint, the plaintiff alleged that on March 17, 1930 Henry Blatchley and Harry Martin, doing business as the Kelvinator of Waterbury, entered into an agreement of conditional sale with the defendant Chronis, which was annexed to and made a part of the complaint, whereby they agreed to place in his possession certain refrigerating equipment manufactured by the Kelvinator Corporation of Detroit, Mich. It was further alleged that the agreement had been performed by the seller and assigned to the plaintiff; and the plaintiff, as assignee, asked judgment for the return of the equipment or, in the alternative, damages. The defendant, in his answer, after denying the allegations of the complaint, set up several special defenses, the first of which was to the general effect that the Kelvinator Corporation of Detroit agreed to install sufficient equipment and guaranteed it for one year; that the contract called for two compressors and only one was installed; that the equipment was not properly installed and did not function properly, and was not as represented, warranted, and agreed. The other special defenses raised the question as to whether the contract was that contained in the exhibit set forth in the complaint or was something different; and also alleged that the agreement was not witnessed and acknowledged and was, therefore, invalid.

The trial court concluded that the plaintiff was entitled to the balance due on the contract ($266.53 less $44.95 spent for a pressure control which had to be bought because the original became defective within a year, and $9.10 spent for repairs on the installation during the first year) plus an attorney's fee of $75 provided for in the contract, together with an item of $12.74 for interest, and rendered judgment for the plaintiff for $300.22, and the defendants have appealed.

From the finding of the court, it appears that Blatchley and Martin, doing business as Kelvinator of Waterbury, were local dealers and distributors at Waterbury of equipment and products manufactured by the Kelvinator Corporation of Detroit; and that the Kelvinator Corporation of Detroit and the Kelvinator of Waterbury (Blatchley and Martin) were two independent concerns. Blatchley and Martin had in their employ a salesman, E. R. Manthey, who, on March 17, 1930, took from the defendant an order, subject to the approval of the partners, for a Kelvinator installation, consisting of one R-10 and one F-10 compressors and other refrigeration equipment at a price of $1,300. Manthey put this order in writing in the form of a conditional sales agreement, leaving a copy with Chronis. The agreement was signed by the defendant and witnessed by Manthey, but was not signed by the partners. They visited Chronis, discussed the matter with him, and told him they thought one large compressor or condensing unit, type W.R. 40, would be sufficient to take care of the cooling system instead of two compressors. Chronis said he knew nothing about it and left it entirely to them as to the equipment required to give him proper refrigeration. The contract relied on by the plaintiff was then executed. It called for one condensing unit WR-40 instead of two, one R-10 and one F-10 as first specified. The copy of the original contract, signed and retained by Chronis, contained on the back of it the following: " The price is $1,300 for Kelvinator equipment installed. The present ammonia system to be taken out, as we have allowed purchaser for same. One Seegar box for kitchen No. 14-19 Model of porcelain. All Kelvinator equipment is...