Connecticut Light and Power Company v. Gary L. Proctor (2013)

MEMORANDUM OF DECISION

The plaintiff brings this action in two counts (implied contract and unjust enrichment) alleging that it provided electrical service to property located at 44 Upper Butcher Road in Ellington, Connecticut at the request of Mr. Proctor.   The amount of the unpaid billings is $14,620.51.   The defendant claims he is not responsible for said debt.

The property was utilized as a business enterprise known as “Pedigree Chicks,” which was not registered as a business with the State of Connecticut.   Pedigree Chicks was a poultry operation and Mr. Proctor was a part-time employee who, at the time, worked about three hours a day twice a week.

The owner of the business (which was just starting up in June 2008) was a gentleman from New Jersey named “Chan.” At that point in time Proctor (rather naively) called CL & P to arrange for electrical service for the poultry business.   Mr. Chan was not present at the trial and Proctor was the only defense witness.   Two CL & P employees testified from business records about the contact person (Proctor) and the billings for electrical service before the account was closed in August 2009.   Adding to the confusion was the fact that some correspondence about the account was sent to the Ellington business address while the defendant's home address was in Bolton.

When Proctor finally realized he was being billed he drove to New Jersey and met with Mr. Chan, trying to persuade him to take responsibility for the CL & P bill.   That effort was unsuccessful and this lawsuit was commenced.

Proctor was of the opinion that he was doing Mr. Chan a favor by arranging for electrical service, but CL & P had Proctor's name, his social security number, and his home address on the application form.   Proctor never asked to close off the account and CL & P complied with Public Utility regulations in its handling of the account.

While the Court is sympathetic to Proctor's plight the Court finds there was an implied contract entered into by Proctor with the plaintiff.   He mistakenly relied on Mr. Chan to pay the electrical bills.

Judgment for the plaintiff in the amount of $14,620.51 (on the Count of Implied Contract).   Judgment for the defendant on the Count of Unjust Enrichment.   Costs are not awarded.

Klaczak, J.T.R.

Klaczak, Lawrence C., J.T.R.