Kennedy & Cohen, Inc. v. Allen Appliance Service, Inc.

By these consolidated appeals the appellant, plaintiff in the trial court, seeks review of an adverse summary judgment in favor of the appellee, Allen Appliance Service, Inc., and an adverse final order of dismissal as to the individual appellee, Arthur Dash, which order was based on the failure of the plaintiff to comply with a prior order to produce certain documents. We affirm.

Viewing the record in a light most favorable to the plaintiff, it does not appear that it can recover against the corporate appellee upon the theory of agency, because the complained of accounts of the agent were not…