Tom and Shannon Brown bought a new home constructed by Waldron Properties, LLC, in Mississippi in 2006. In 2011, the Browns noticed cracks in the walls of their home. They sought a licensed engineer’s expert opinion and were informed that the problems were caused by a flaw in the construction of the foundation. 

The Browns contacted Murray Waldron, the sole member of Waldon Properties, of the defects and asked for compensation. The Browns subsequently filed a suit after receiving no response. The trial court granted Waldron summary judgment, finding that Waldron Properties, and not Waldron the person, had constructed the house. The Browns appealed, contending that Waldron was acting as an agent of an undisclosed principal and was therefore personally liable for the defects. 

In their appeal, the Browns asserted that they had no knowledge of Waldron Properties’ existence because Waldron had introduced himself as the builder and signed a required notice in his own name. Do you think this is enough to show that Waldron was an agent of an undisclosed principal? How did the court rule and why?