Food Caterers of East Hartford, Connecticut, obtained a franchise from Chicken Delight to use that name at its store. Food Caterers agreed to the product standards and controls specified by the franchisor. The franchise contract required the franchisee to maintain a free delivery service to deliver hot, freshly prepared food to customers. The franchisee used a delivery truck that bore no sign or name. Its employee Carfiro was driving the truck in making a food delivery when he negligently struck and killed McLaughlin. The victim's estate sued Chicken Delight on the theory that Carfiro was its agent because he was doing work that Chicken Delight required and that benefited Chicken Delight.
Was Carfiro the agent of Chicken Delight?
[McLaughlin's Estate v. Chicken Delight, Inc., 321 A.2d 456 (Conn.)]