Key Facts

• The Procopios contracted Eastwood Home Inc. to repair fire damage to their property based on a verbal agreement.
• Payments were made to Eastwood, but also directly to David Issonborg, who fraudulently retained some payments.
• The Procopios believed Issonborg was authorized to accept payments due to his representations, but Eastwood denied such authorization.

Trial Court Findings

• The trial court ruled in favor of Eastwood, holding the Procopios liable for $95,840 plus interest.
• The court found no actual or ostensible authority for Issonborg to accept payments on Eastwood's behalf.
• The Procopios bore the risk for not verifying Issonborg’s authority.

Issues on Appeal

1. Reversible Error: The Procopios argued that the trial court erred in its findings regarding Issonborg’s authority.
2. Reduction of Judgment: They sought a reduction in damages, arguing 10% was owed to Issonborg for his work.

Court of Appeal Decision

• The appeal was dismissed, affirming the trial judge’s findings:
  • No evidence supported the claim that Eastwood authorized payments to Issonborg.
  • The Procopios failed to verify authority, assuming the risk.
• The claim for judgment reduction was rejected, as it was not raised at trial and lacked supporting evidence.
• The Procopios were ordered to pay $12,000 in appeal costs.