Sonenberg Company managed Westchester Manor Apartments 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 disclose 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 (i) the Second Restatement and (ii) the Third Restatement.
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