Ads Plus Advertising, Inc. v. Ault

8/15/2024 pdw

Paul Weitzel,

Samuel Gasway,

Tyrell Howsden,

William L. Duffy

Alan and Robert are brothers. Alan ran a car dealership called PAR. Alan hired Ads Plus to run junk mail advertisements for the dealership. The dealership paid for the first few ads but then stopped paying. Ads Plus sued Alan and Robert for the rest of the money.

There are some issues unrelated to agency that complicate the facts, but for our purposes just know that Robert and Alan's liability will turn on whether Alan was acting as an agent for PAR or whether he was acting for himself. If Alan was acting for himself, the court will find Alan and Robert both liable. If Alan was acting as an agent of the car dealership, then only the car dealership is liable.

United States District Court for the Western District of New York

928 F. Supp. 2d 683

No. 09-CV-6515P

2013-03-01

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