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Remmes v. Mark Travel Corp.

Supreme Judicial Court of Maine

May 12, 2015

PAUL REMMES et al.
v.
THE MARK TRAVEL CORPORATION et al

Argued April 9, 2015

Judgment affirmed.

On the briefs and at oral argument: James L. Audiffred, Esq., Saco, for appellants Paul Remmes, Holly Remmes, Robert Begin, and Lucy Begin.

Christine Kennedy-Jensen, Esq., Douglas, Denham, Buccina & Ernst, Portland, for appellee The Mark Travel Corporation.

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.

OPINION

Page 467

ALEXANDER, J.

[¶1] Plaintiffs Paul and Holly Remmes and Robert H. and Lucy Begin appeal from a judgment entered in the Business and Consumer Docket ( Horton, J. ) granting The Mark Travel Corporation's motion for summary judgment. On appeal, the plaintiffs contend that the trial court erred by determining that (1) the plaintiffs' travel agent was not an agent of Mark Travel;

Page 468

(2) the plaintiffs' original hotel accommodations, arranged through Mark Travel, were properly rescinded for failure of consideration; and (3) releases signed by the plaintiffs as a precondition for rebooking their accommodations barred their claims against Mark Travel.

[¶2] The trial court correctly determined that the plaintiffs' breach of contract and other claims against Mark Travel failed as a matter of law because the plaintiffs' travel agent never acted as Mark Travel's agent and because Mark Travel did not authorize the travel agent to act on its behalf, see Restatement (Third) of Agency § 3.14 cmt. c (2006), ratify the travel agent's fraudulent conduct, see Perkins v. Philbrick, 443 A.2d 73, 75 (Me. 1982), or hold the travel agent out as its agent, see Levesque v. Cent. Me. Med. Ctr., 2012 ME 109, ¶ 10 n.7, 52 A.3d 933. Therefore, we affirm the trial court's judgment.

I. CASE HISTORY

[¶3] Viewing the record in the light most favorable to the non-prevailing parties, see Beal v. Allstate Ins. Co., 2010 ME 20, ¶ 11, 989 A.2d 733, the summary judgment record contains the following facts, which are undisputed unless otherwise noted. Plaintiffs Paul and Holly Remmes and Robert H. and Lucy Begin are residents of Maine. The Mark Travel Corporation is a corporation with its principal place of business in Milwaukee, Wisconsin. It sells leisure tour and travel products to consumers either directly or through the consumers' travel agents. Mark Travel, at times, did business under the names " Funway Holidays Funjet Inc." and " Funjet Vacations," but is one entity.

[¶4] Beth Rogers was a travel agent who operated a travel agency in Saco called TravelWise.[1] There is no evidence in the record that Rogers or TravelWise ever claimed to be an agent of Mark Travel or that any contract creating an agency relationship existed between Rogers and/or TravelWise and Mark Travel. Likewise, there is no evidence in the record that ...


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