Empire Office Machines, Inc. v. DemarayAnnotate this Case
Aspen Trails Associations, LLC, d/b/a Windermere Real Estate, entered into two contracts with Empire Office Machines, Inc. for the lease of copy machines. Windermere and Empire later entered into a revised agreement that was signed by Kevin Demaray on behalf of Windermere. The signature line, however, did not specify that Demaray was signing as an agent of Aspen. Aspen failed to make the payments as agreed, and Empire repossessed the two copiers. Empire subsequently commenced an action for breach of contract against Aspen, Demaray personally, and others. The district court granted Demaray’s motion for summary judgment on the grounds that Empire had no contract with Demaray personally. The Supreme Court affirmed, holding that the district court correctly granted summary judgment in Demaray’s favor, where, in light of the longstanding business relationship between Empire and Aspen d/b/a Windermere, Empire had reason to know that Aspen was Demaray’s principal.