Mercier v. O'Neill Associates, Inc.

Childs, J., delivered the opinion of the Court. This is an appeal by the defendant-appellant, Mercier, from the granting of a motion for summary judgment by the Circuit Court for Montgomery County in favor of the plaintiff-appellee, O’Neill Associates, Inc. O’Neill had filed a declaration claiming damages for the failure of Mercier to pay for its services allegedly rendered him in locating employment. Accompanying the declaration and motion for summary judgment were exhibited an application for employment; an agreement signed by Mercier and by M. Reese Mitchell, director of the plaintiff’s Search Division; an invoice dated October 29, 1965, wherein plaintiff had billed Fairchild-Hiller for Mercier’s placement; an invoice dated December 15, 1965, wherein plaintiff had billed Mercier for the same placement; two of the plaintiff’s control cards, one for Fairchild-Hiller and one for Mercier; an affidavit by M. Reese Mitchell; and the affidavit of Frank J. Schmidt, Director of Employee Relations of Fairchild-Hiller. 1 ²⁸⁸ Mercier filed three pleas. The first was a general issue plea, and the second stated his personal belief that O’Neill Associates was not a duly licensed employment agency on September 4, 1965.

These two defenses were apparently abandoned on appeal. The third plea contained the allegation that Mercier had, in fact, engaged the appellee to solicit employment for him as an electrical engineer. When the exhibited agreement was submitted to him for his signature he was told by O’Neill’s agent that notwithstanding the provisions of the agreement “* * * he would under no circumstances be required to pay a fee to plaintiff for its services, but that plaintiff’s compensation, if any, would be sought in accordance with custom and usage with respect to professional employees solely from defendant’s prospective employer * * He further alleged that the agent advised him that the agreement was merely a registration form. It was with this understanding that he signed.

Thereafter, the plea continued, Mercier was contacted by a representative of Eairchild-Hiller and offered a position which he agreed to accept conditioned upon his being permitted to complete a special project for which he had been engaged by his then employer. Fairchild-Hiller refused to agree to an indefinite starting date, and revoked its offer of employment. The pleas were accompanied by a separate affidavit by Mercier that he had “* * * read the foregoing and annexed Plea to the Declaration; that he has personal knowledge of those matters set forth therein; that the same are true; and that he is competent to testify thereto.” On