Argument Recap: Connecticut Light and Power Company v. Proctor, SC 19531
The Supreme Court heard oral argument yesterday in Connecticut Light and Power Company v. Proctor, SC 1935, a dispute concerning a poultry business, unpaid electric service and a man from New Jersey known only as “Chan.” Setting aside the interesting facts, the legal issue presented is whether the elements of an implied in fact contract were established at trial.
The facts, in a nutshell, reflect that the Defendant, Gary Proctor, was a part time employee of a poultry business known as “Pedigree Chicks” which, although operating in Connecticut, was not registered with the Secretary of State’s office. Mr. Proctor contacted Plaintiff to arrange for electric service to the commercial location but was informed by Plaintiff that no commercial account could be created in the absence of a validly registered corporate entity. From that point, the facts asserted by the parties diverge greatly with the Plaintiff asserting that Defendant orally undertook personal responsibility for not only future electric consumption charges but also for payment of “retroactive” charges for service previously provided to the location. Plaintiff’s claims were bolstered by Defendant’s act of providing his home address, contact phone numbers and social security number in a conversation with one of its representatives at the time of the creation of the account.