Mills Electric Co. signed a contract with S&S Horticulture Architects, a two person landscaping partnership
operated by Sullivan and Smyth, to maintain the grounds and flowers at the Mills Electric Co. plant in Jacksonville, Florida. Mills checked references of S&S and found the company to be highly reputable. The contract set forth that S&S would select the flowers for each season and would determine when to maintain the lawns so long as they were properly maintained. The contract called for payments to be made to S&S on the first workday of each month, and the contract stipulated that “nothing herein shall make S&S an agent of the company.” The contract also required that S&S personnel wear uniforms identifying them as employees of S&S. S&S had other accounts, but the large Mills Electric plant took up most of its time. While working on a terraced area near the visitors’ entrance to the plant, Sullivan lost control of his large commercial mower, and the mower struck Gillespie, a plant visitor, causing her serious injury. A witness heard Sullivan apologizing to Gillespie and saying that “running that mower on the terrace is a two-person job.” Gillespie brought suit against Mills Electric Co., contending Mills should be held vicariously liable. Decide.
A legal form of business operation between two or more individuals who share management and profits. A Written agreement between two or more individuals who join as partners to form and carry on a for-profit business. Among other things, it states...