ARTHUR COURSHON, APPELLANT,
v.
FONTAINEBLEAU HOTEL CORPORATION, APPELLEE

Fla. 3d DCA | 1975-01-28
No. 74-436
Before BARKDULL, C. J., and HEN-DRY and NATHAN, JJ.
307 So. 2d 901 Florida District Court of Appeal, Third District (1975) Positive Treatment
Cited by 12 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Appellant Courshon appeals a judgment for breach of contract where he agreed to pay for a fundraising dinner at the Fontainebleau Hotel. The court affirmed the judgment, finding that Courshon was personally liable despite claiming to act as agent for the Democratic National Committee.


Holding

The court held that Courshon was personally liable for the unpaid balance. The trial court's findings that financial arrangements were made between Courshon and the hotel's representative, that Courshon controlled the funds collected, and that he failed to pay the hotel before forwarding the balance to the Committee were sufficient to establish personal liability.


Headnotes

[1] A trial court's findings of fact in a non-jury action at law are entitled to the weight of a jury verdict and will not be disturbed on appeal unless there is a total lack…

[2] A party acting as an agent for a disclosed principal is not individually liable for contractual obligations if the principal is identified and the agent does not agree to…

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Key Quotes

“arrangements, including financial arrangements, with respect to the dinner were made between the defendant, Arthur Courshon, and Ben Novack on behalf of the plaintiff”

Establishes that Courshon negotiated directly with the hotel's representative, not as an agent of the Democratic National Committee

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Facts & Procedural History

In April 1967, Courshon and Walters jointly engaged the Fontainebleau Hotel for a $100 per plate fundraising dinner for Vice President Humphrey. The h…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant appeals a final money judgment entered in favor of the plaintiff after non-jury trial in an action for damages on a contract.

The complaint alleged in substance that in April of 1967, the appellant, Arthur Courshon, and a second defendant, David Walters, acting jointly and severally, engaged the Fontainebleau Hotel through its owner, Fontainebleau Hotel Corp., the plaintiff, for a $100 per plate dinner to be given for the benefit of Hubert H. Humphrey, the Vice President of the United States. The dinner took place and the hotel supplied the agreed food, drink, service and accommodations for the dinner guests who numbered in the hundreds, if not thousands. Such complaint further alleged that the defendants, jointly and severally as principals agreed to collect the proceeds and to pay therefrom a stated amount for the complete dinner and all arrangements and expenses in connection therewith; but although in excess of $100,000 was raised by defendant Courshon, a balance of $11,390.64 remains unpaid.

Subsequently, on summary judgment, David Walters was dismissed as a defendant. Arthur Courshon then filed his answer to the complaint, alleging that he had advised the plaintiff’s agent, Novack, that the dinner was to be held by the Democratic National Committee and that any activity with which defendant Courshon may have been involved in connection with such dinner was as agent of his disclosed, principal, the Democratic National Committee; that he (Courshon) would not be individu ally responsible for payment of any portion of such dinner. A non-jury trial was held after which the court entered its findings of fact, conclusions of law and final judgment, awarding the plaintiff $11,390.64, plus interest. This appeal ensued. The trial judge made extensive findings of fact. Such findings reflected, inter alia, that arrangements, including financial arrangements, with respect to the dinner were made between the defendant, Arthur Courshon, and Ben No-vack on behalf of the plaintiff; that the proceeds collected from the sale of tickets for the dinner were deposited in the Humphrey Dinner Fund, a checking account in the Jefferson National Bank, for which Courshon was a signatory, and after the dinner was given, Courshon directed payment to Fontainbleau from that fund, in the form of two checks, approximating one-half of the amount demanded; that Arthur B. Krim, Chairman of the finance committee of the Democratic National Committee testified by deposition not only that dinners of this nature are generally arranged on the local level, but also that the bills therefor generally are paid out of funds collected at the local level, after which the difference is forwarded to the Committee headquarters in Washington. Courshon forwarded the balance of the funds without first paying the Fontaine-bleau; that defendant Courshon testified that he did not know whether the Democratic National Committee is incorporated or in any other form of association, partnership or limited partnership, its structural or legal organization or what type of entity it is.

Our review of the record reveals that such findings of fact are amply substantiated. In an action at law, tried without a jury, such as the instant case, the trial court’s findings are entitled to the weight of a jury verdict before the reviewing court, and these findings will not disturbed unless it is shown that there is a total lack of substantial evidence to support the trial judge’s conclusion. Ross v. Florida Sun Life Insurance Company, Fla.App.1960, 124 So. 2d 892, 894; Old Equity Life Insurance Company v. Levenson, Fla.App. 1965, 177 So. 2d 50; American Equitable Assurance Company of New York v. Southern Industrial Savings Bank, Fla.App.1967, 196 So. 2d 770.

We conclude, based on the findings of fact, that the court did not err as a matter of law in entering judgment against Cour-shon.

Therefore, for the, reasons stated, the judgment appealed hereby is affirmed.

Affirmed.


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Citator

Cited By

  • Oceanic Int'l Corp. v. Lantana Boatyard, 402 So. 2d 507 (Fla. 4th DCA 1981)
    …upon appellate review absent a showing that they are clearly erroneous or totally without any substantial evidence in their support. Department of Transportation v. Morehouse, 350 So. 2d 529 (Fla. 3d DCA 1977); Courshon v. Fontainebleau Hotel Corp., 307 So. 2d 901 (Fla. 3d DCA 1975). We are not however bound by the trial court’s legal conclusions where those conclusions conflict with established law. Holland v. Gross, 89 So. 2d 255 (Fla.1956). “A finding of fact by the trial court in a non-jury case will not…
  • In re Est. of Samuel Donner v. Anton, 364 So. 2d 742 (Fla. 3d DCA 1978)
    …upon appellate review absent a showing that they are clearly erroneous or totally without any substantial evidence in their support. Department of Transportation v. Morehouse, 350 So. 2d 529 (Fla. 3d DCA 1977); Courshon v. Fontainebleau Hotel Corp., 307 So. 2d 901 (Fla. 3d DCA 1975). We are not however bound by the trial court’s legal conclusions where those conclusions conflict with established law. Holland v. Gross, 89 So. 2d 255 (Fla.1956). “A finding of fact by the trial court in a non-jury case will not…
  • Liberty Mut. Ins. Co. v. Furman, 341 So. 2d 1056 (Fla. 3d DCA 1977)
    …ll v. Coplan Pipe & Supply Co., Inc., 296 So. 2d 567 (Fla. 3d DCA 1974). In that the award was based upon competent and substantial evidence, we hold that said award was not clearly erroneous, and affirm. Courshon v. Fontainebleau Hotel Corporation, 307 So. 2d 901 (Fla. 3d DCA 1975). By cross-appeal, appellees have assigned as error that portion of the trial court’s conclusions of law and final judgment which failed to award damages for appellee-Malcolm’s loss of parental guidance and for his mental pain and…

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