Plaintiff and her family entered Defendant’s store to purchase bedroom furniture. A man approached Plaintiff purporting to be a salesman for Defendant store. Plaintiff gave salesman cash for furniture to be delivered to her home at a later date because the salesman said that it was out of stock. Plaintiff did not get a receipt for the transaction. After the delivery date lapsed without a delivery, Plaintiff contacted Defendant. Defendant did not have a record of the transaction, and Plaintiff and her family were not able to identify the salesperson from Defendant’s staff. A jury found for Plaintiff, and Defendant appealed, arguing that there was a lack of evidence to establish an agency relationship.
D can be estopped from asserting that no claim existed when there was no agency relationship established. Defendant, as a furniture store, still owed a duty of care to Plaintiff when she enters the store and has an expectation that she will be tend to by an actual salesperson rather than an impostor. Therefore, a new trial was ordered in order to allow Plaintiff to establish a duty of care.
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