Food Caterers, Inc., had a franchise agreement with Chicken Delight, Inc. Carfilo was employed by Food Caterers to deliver hot chicken bearing the trademark "Chicken Delight." While making a delivery, Carfiro was involved in an accident that killed McLaughlin. In a suit naming Chicken Delight, as defendant, the McLaughlin estate argued that Carfiro was an agent of Chicken Delight, because Carfiro was acting for the benefit of the company. There was no evidence, however, that Carfiro was hired, paid, instructed by, or even known by Chicken Delight. The decision was for whom, and why?