Sonenberg Company managed Westchester Manor Apart-
ments through its on-site property manager, Judith. Manor
Associates Limited Partnership, whose general partner is
Westchester Manor, Ltd., owned the complex. The entry sign
to the property did not reveal the owner’s name but did dis-
close that Sonenberg managed the property. Judith contacted
Redi-Floors and requested a proposal for installing carpet in
several of the units. In preparing the proposal, Redi-Floors
confirmed that Sonenberg was the managing company and
that Judith was its on-site property manager. Sonenberg did
not inform Redi-Floors of the owner’s identity. Judith and
her assistant orally ordered the carpet, and Redi-Floors
installed the carpet. Redi-Floors sent invoices to the complex
and received checks from “Westchester Manor Apartments.”
Believing that Sonenberg owned the complex, Redi-Floors
did not learn of the true owner’s identity until after the work
had been completed when a dispute arose concerning the
payment of some of its invoices.
a. What arguments would support Redi-Floors in recovering
on the outstanding invoices from both Sonenberg and
Manor Associates?
b. What arguments would limit Redi-Floors to recovering
on the outstanding invoices from either Sonenberg or
Manor Associates?
c. Explain what the outcome would be under (1) the Second
Restatement and (2) the Third Restatement.
