Billops v. Magness Construction Co.

391 A.2d 196 (Del.Sup. 1978)

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Nature of the Case

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Facts

Billops (P) entered into a written contract for the rental of 1/2 of the Regency Ballroom of the Brandywine Hilton Inn for a social event, art exhibit, fashion show, and dance. P paid the entire fee in advance and got a receipt. On the day of the event, the banquet director of D wrongfully requested an additional rental payment which was refused. The director and other Hilton personnel harassed P and their guests by loudly demanding the additional money, refusing to adequately heat the ballroom, impounding the art exhibit, failing to provide an adequate dance floor, summoning the State Police, and threatening to have P arrested. P alleged harm to their association, physical injury to several Ps resulting from the stress of the incident. The director resigned his position six weeks after the incident. P alleged actual and apparent agency for their contention that a franchisor may be held liable for the torts of the franchisee. Hilton (D) moved for a summary judgment. It was granted, and P appealed.