Tuesday, August 2, 2011

Missouri Follows Comment C to Restatement (Second) Agency Section 49

Inferences from agent's position. Acts are interpreted in the light of ordinary human experience. If a principal puts an agent into, or knowingly permits him to occupy, a position in which according to the ordinary habits of persons in the locality, trade or profession, it is usual for such an agent to have a particular kind of authority, anyone dealing with him is justified in inferring that he has such authority.

Adopted: Trail v. Industrial Commission, Division of Employment Security, 540 S.W.2d 179, 181 n.1 (Mo.App.1976).

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