Ellis v. Fuller

No evidence showed that the plaintiff's son was acting as his father's agent, when he leased a warehouse from the defendant in his own name and on behalf of a company in which his father had no ownership interest.

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Thomas Ellis “Ellis” sued Glen Fuller “Fuller”, alleging that Fuller refused to release equipment belonging to Ellis that was housed in a building owned by Fuller and leased to Ellis’s son, Anthony. Fuller counterclaimed, alleging that he had a lien against the equipment because Ellis owed him rent for the building. After a bench trial, the trial court held that Fuller was entitled to recover the unpaid rent from Ellis because: 1 Anthony had been acting as Ellis’s agent when he leased the building; and 2 Ellis ratified Anthony’s actions by agreeing to be responsible for the unpaid rent. It also awarded Fuller attorney’s fees and costs. Ellis appeals and we reverse. ” ‘The court is the trier of fact in a bench trial, and its findings will be upheld on appeal if there is any evidence to support them. The plain legal error standard of review applies where the appellate court determines that the issue was of law, not fact.’ “ 1 The evidence, viewed in a light favorable to the trial court’s findings of fact,2 shows that Fuller leased a manufacturing warehouse the “warehouse” to “Anthony Ellis Metal House Siding.” The written lease, which was drafted by Fuller, was signed “Anthony Ellis.” Ellis did not sign the lease, and Fuller had no written agreement with him regarding the lease. Ellis had no ownership interest in the business referred to in the lease, Metal House Siding.

Ellis purchased some equipment with the intention of letting his son use it in the business. Ellis, Anthony, Fuller, and others were present at the warehouse when the equipment was delivered and installed, several weeks before the execution of the lease. Fuller testified that he believed Ellis was involved in the business.

Ellis v. Fuller

No evidence showed that the plaintiff's son was acting as his father's agent, when he leased a warehouse from the defendant in his own name and on behalf of a company in which his father had no ownership interest.

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