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Smith v. Direct Media Co.

Because the defendant never gave the plaintiff any indication that he did not consider himself liable for the parties' advertising contract, the defendant was equitably estopped from relying on his defense that he did not actually sign the contract.

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Direct Media Corporation “Direct Media” sued Lance Smith d/b/a Lance Smith, P.C. for breach of contract. Following a bench trial, the court rendered a judgment in favor of Direct Media. Smith appeals, asserting that the trial court erred in finding in favor of Direct Media.1 We disagree and therefore affirm.

Appeals from bench trials, where the trial judge sits as the trier of fact and has the opportunity to assess the credibility of the witnesses, are reviewed under the clearly erroneous standard.2 Under this standard, we will not disturb a trial court’s findings of fact if there is any evidence to support them.3 In this case, neither party asked the trial court to issue findings of fact, and the trial court therefore did not make any.4 Implicit in the court’s judgment, however, is its finding that Smith is liable to Direct Media under the parties’ alleged contract.5 There is ample evidence supporting this finding.

 
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