Principal and agent — Apparent authority — Reliance on third person — Manager of savings and loan association — Restatement, Agency.
1. Where a principal puts one into, or knowingly permits him to occupy a position in which, according to the ordinary experience and habits of mankind, it is usual for the occupant to have authority of a particular kind, anyone having occasion to deal with one in that position is justified in inferring that the person in question possesses such authority, unless the contrary is then made known. [580]
2. Restatement, Agency, § 49, comment b, cited. [580]
3. Where an agreement is made between a third person and an agent acting within the scope of his apparent authority, the fact that the third person gives nothing but a promise and does not otherwise change his position in reliance upon the appearance of authority does not prevent the transaction from being a contract upon which both the principal and the third person are mutually subject to liability. [581]
4. Restatement, Agency, § 8, comment c, § 31, comment a, and § 159, comment e, cited. [581]
5. It was Held, in the circumstances, that a "manager" of a savings and loan association had apparent authority to enter into an oral agreement with a mortgagor to apply additional collateral, held by the association to secure three mortgages, in payment of arrearages on all the mortgages. [579-83]
Evidence — Surviving party — Agent.
6. One who is merely an agent for a person or corporation acting for his employer or principal is not a party whose death will render the other party to the transaction incompetent as a witness. [582-3]
OPINION PER CURIAM, May 25, 1953:
In opening the judgment entered as of March Term, 1951, No. 4078, Judge ALESSANDRONI of Common Pleas Court No. 5 of Philadelphia County, adopted the opinion filed by President Judge BOK of Court of Common Pleas No. 6, Philadelphia County, as of March Term, 1951, No. 4079. Since the issues in both cases were identical even though different properties were involved, both orders affirming the judgments are affirmed on the opinion of President Judge BOK.