Helen Lee d/b/a American Quality Service a/k/a American Quality Service of Tennessee v. YES of Russellville, Inc., et al.

Summary

The Supreme Court of Alabama affirmed a judgment against Helen Lee and Joseph Hemingway in a dispute over a hotel construction contract, mechanic's lien, and the identity of the entity operating as American Quality Service. The court held that the trial court properly applied the right-of-control test to determine whether Lee or Hemingway was the principal, and concluded that the evidence supported the finding that Hemingway was operating as American Quality Service. The court also declined to consider an alternative licensing argument raised for the first time on appeal.

Holdings

1. The trial court properly applied the right-of-control test because the identity of the principal was disputed; the dispositive question was whether Lee or Hemingway was in reality doing business as American Quality Service.
2. The evidence supported the trial court's finding that Hemingway, not Lee, was the entity known as American Quality Service; the finding was not palpably wrong, manifestly unjust, or without supporting evidence.
3. The court would not consider the argument that Hemingway's connection to the licensed contractor independently satisfied the licensing statute because the argument had not been presented to the trial court.

Questions Presented

1. Whether the trial court applied the correct agency test in determining whether Helen Lee or Joseph Hemingway was the principal doing business as American Quality Service.
2. Whether the evidence supported the trial court's finding that Joseph Hemingway, rather than Helen Lee, was the entity known as American Quality Service.
3. Whether the appellate court could consider the argument, raised for the first time on appeal, that Hemingway's connection to the licensed contractor satisfied Alabama's licensing statute.

Disposition

affirmed