Court Filter
FEDERAL COURTS
STATE COURTS
Judge Filter
Judge name
Motion Filter
Filter by Motion
Other Filters
Year Filter
To
2021 Onwards
8425
From 2011 To 2020
15905
From 2001 To 2010
10561
From 1991 To 2000
7017
From 1981 To 1990
5640
From 1971 To 1980
3298
From 1961 To 1970
2293
From 1951 To 1960
1835
Before 1950
2348

Cases cited for the legal proposition you have searched for.

There are no alerts added for the related case. Please create new alert(s).

1

...architectural design for their home. A person who enters into a contract with another to perform services as an agent "is subject to a duty to act in accordance with his promise" (Restatement [Second] Agency § 377...anything as a result of his violation of a duty of loyalty to the principal, he is subject to a liability to deliver it, its value, or its proceeds, to the principal" (Restatement [Second] Agency § 403..., specific performance will not be ordered where money damages "would be adequate to protect the expectation interest of the injured party" (Restatement [Second] of Contracts § 359[1]; see also, Van...


Court: Court of Appeals of the State of New York.
Date: Jul 10, 2001 Cited By: 784 Coram: 1
2

...so to act: Chalupiak v. Stahlman, 368 Pa. 83, 81 A.2d 577 (1951); Restatement (Second), Agency § 1...: Rosenberg v. Cohen, 370 Pa. 507, 88 A.2d 707 (1952); Restatement (Second), Agency § 1, comments a and b (1958). "The right of control...be very attenuated and, as where the principal is physically absent, may be ineffective:" Restatement (Second), Agency § 14, comment a. Since an agent who is not a servant is not subject to any right...


Court: Supreme Court of Pennsylvania.
Date: Oct 9, 1970 Cited By: 137 Coram: 2
3

...control the conduct of the agent as to matters entrusted to him. Restatement, Second, Agency, §§ 1, 14; Wasilowski v. Park Bridge Corp., 2 Cir...clear that a signer is acting in a representative capacity for a disclosed principal, he is not a party to the contract. Restatement, Second, Agency, §§ 156, 157; Whitney v. Wyman...., 331 P.2d 832. An agent is not bound by a contract executed for a principal if he acted within his authority. Williston, Rev.Ed., Vol. I, § 281; Restatement, Second, Agency, § 320. But the...


Court: United States Court of Appeals, Tenth Circuit.
Date: Nov 14, 1959 Cited By: 16 Coram: 1
4

...possessing sufficient authority to commit the particular act in question, and there was reliance upon the apparent authority. See Restatement (Second) Agency § 8, at p. 30 (1958); Id. § 219(2)(d), at p. 481..., liability may be imposed on a principal under an apparent authority theory irrespective of whether the agent acted for his own purposes, rather than those of his principal. See Restatement (Second) Agency § 262...had made a proper request for a permissible purpose, and that there was reliance on Caylor's apparent authority, see Restatement (Second) Agency § 219(d)(2), at p. 481 (1958), then it may find...


Court: United States Court of Appeals, Sixth Circuit.
Date: May 22, 1998 Cited By: 151 Coram: 2
5

...the same general nature as that authorized, or incidental to the conduct authorized." Restatement (Second) Agency § 229 (1958). The Restatement stresses that "[t]o be incidental..., however, [an act] must be one which is subordinate to or pertinent to an act which the servant is employed to perform." Restatement (Second) Agency § 229 cmt. b (1958). Even tortious acts may fall..., 524 U.S. 775, 793 (1998) (quoting Restatement (Second) Agency § 228(1)). Plainly, Smith was on public time, performing a...


Court: Court of Appeals of Indiana.
Date: May 1, 2000 Cited By: 102 Coram: 1
6

...employee Jack Bickler. There can be no liability as a master unless the servant is liable. Restatement (Second), Agency § 217 B(2) (1958); Restatement, Torts § 883, illustration 4 (1939...Driving Company; or (3) the servant of both companies. Restatement (Second), Agency §§ 226, 227 (1958). Obviously, he remained the servant of the Mobile Crane Company in the sense that he was still in their..., became the servant of that company to that limited extent. There can be no question that "[h]e may become the other's servant as to some acts and not as to others." Restatement (Second), Agency § 227...


Court: The Supreme Court of Washington. Department Two.
Date: Sep 15, 1966 Cited By: 20
7

...the transaction of its usual and customary business" in the context of Section 508.040. Koehr holds that traditional rules of agency articulated in the Restatement of Law (Second) Agency determine the existence of agency for purposes of venue. There are three attributes of agency. First, "[a]n agent . . . holds a power to alter legal relations between the principal and third persons and between the principal and himself." Restatement (Second.... Cf. Restatement (Second) Agency, § 1(1). Agency is the fiduciary relation [Cf. 13] which results from the manifestation of consent by one person to another that the other shall act on his...distributing its products and has entrusted the retail sale of those products to St. Louis dealers. Restatement (Second) Agency, § 14J provides...


Court: Supreme Court of Missouri, En Banc.
Date: Nov 23, 1993 Cited By: 33 Coram: 1
8

..., Harwood Homes, Inc., is liable because an employer is subject to liability for the torts of his employees committed while acting in the scope of their employment. Restatement, Second, Agency § 219...of each particular case. In Bolt v. Davis, supra, we also noted some of the facts that may be considered in cases of this type. See Restatement, Second, Agency §§ 228, 229...finding of the trial court that the employee was not within the scope of his employment at the time of the accident. See, Restatement, Second, Agency, § 239 for the following...


Court: Supreme Court of New Mexico.
Date: Feb 6, 1967 Cited By: 14
9

..., 157 Tex. 268, 302 S.W.2d 400 (1957). See generally Restatement (Second) Agency Sec. 2...


Court: Supreme Court of Texas.
Date: Feb 8, 1984 Cited By: 147 Coram: 1
10

...undertaken by her on his behalf; see, e.g., 2 Restatement (Second), Agency §§ 328, 432, 438 (1958); Schnier's interest, on the other hand, was best served by resisting the admission of any evidence... to another that the other shall act on his behalf and subject to his control, and consent by the other so to act . . . . Restatement (Second), 1 Agency § 1 [1958...undertaking; and (3) an understanding between the parties that the principal will be in control of the undertaking. Restatement (Second), 1 Agency § 1, comment b (1958)." (Internal quotation marks omitted...


Court: Supreme Court of Connecticut
Date: Feb 14, 1995 Cited By: 236 Coram: 1
11

...relation and exists for the protection of persons harmed by or dealing with a servant or other agent" and is described as "inherent agency power." Restatement (Second), Agency, s. 8A. In.... Fenwick [1893] 1 Q. B. 346; cf. Restatement (Second), Agency, s. 194, comment a. An undisclosed principal, when discovered, may be held liable upon mercantile contracts made by an agent within the scope..., 90 N.H. 447; Mechem, Outlines of the Law of Agency (4th ed. 1952) s. 151. Restatement (Second), Agency, s. 161, comment a and s. 195. The old rule that the president of a...


Court: Supreme Court of New Hampshire Rockingham.
Date: Apr 3, 1962 Cited By: 7 Coram: 1
12

...., 254 S.E.2d 274 (1979)); Restatement (Second) of Agency § 387 cmt. b (1958) ("The agent's duty is not only to act solely for the benefit of the principal in matters entrusted to him...position affords. . . . His duties of loyalty to the interests of his principal are the same as those of a trustee to his beneficiaries."); Restatement (Second) of Trusts § 170 (1959). Stegemeier v. Magness, Del.Supr., ___ A.2d ____, No. 143, 1998, Hartnett, J. (Apr. 30, 1999) at 12-21; Restatement (Second) of Agency §§ 387...(Second) Agency § 34 cmt. h (1958). Restatement (Second) Agency § 390 cmt. c (1958) quoted in footnote 54 herein...


Court: Supreme Court of Delaware.
Date: Jun 16, 1999 Cited By: 172 Coram: 1
13

...69. As the authorized agent for the family Edward would have the power to appoint an attorney-in-fact. See Restatement, Second, Agency, section 80. The second aspect of this...are given a technical rather than a popular meaning. See Comment h, Restatement, Second, Agency, section 34. Section...division. V. Defendant in written brief and argument urges plaintiffs ratified the acts and conduct of Eli. Restatement, Second, Agency, section 92 defines...


Court: Supreme Court of Iowa.
Date: Nov 4, 1974 Cited By: 43
14

...find none rejecting the ordinary rule that a servant is not engaged in his master's business when travelling between home and work. Restatement (Second), Agency § 229, comment d. In the absence of an...


Court: United States Court of Appeals, First Circuit.
Date: Nov 16, 1966 Cited By: 4 Coram: 3
15

...] Restatement (Second), Agency (1958) § 17; and may appoint agents by written or spoken words or other conduct. [1] Restatement (Second), Agency (1958) § 26." (Citations omitted; internal quotation marks...] principal is generally liable for the authorized acts of his agent; 1 Restatement (Second), Agency § 140, p. 349 (1958) . . . ." Gateway Co.... Butterfield, 176 Conn. 528, 532-33, 409 A.2d 1017 (1979); see 2 Restatement (Second), Agency § 328 (1958). Accordingly, "the agent is not liable where...


Court: Supreme Court of Connecticut
Date: Apr 16, 1996 Cited By: 54 Coram: 1
16

.... Restatement (Second), Agency, § 217B..., 245 P.2d 262, 267 (1952); cf. 3 C.J.S. Agency § 245 with id., § 244; cf. also Restatement (Second) Agency, § 198 Caveat, with id., § 199, id., § 199, illus. 1 (1958); cf...


Court: Supreme Court of Utah.
Date: Jan 5, 1965 Cited By: 1 Coram: 2
17

...) (1981); Restatement (Second) of Agency § 236 (1958)). Here, the statements and affidavits of the individual defendants were given at the behest of OIA officials to assist them in their official...provide only truthful responses to questions posed in the investigation, "an act, although forbidden or done in a forbidden manner, may be within the scope of employment." Restatement (Second) of Agency § 230.... Restatement (Second) of Agency § 247 cmt. e. See also, Aliota, 984 F.2d at 1359 (predicting that the Pennsylvania...


Court: United States Court of Appeals, Third Circuit.
Date: Nov 14, 2000 Cited By: 196 Coram: 1
18

.... Coppage v. Howard, 127 Md. 512, 523; Restatement (Second), Agency Sec. 381. It has been opined, and...money to the buyer to complete the purchase * * *." Restatement (Second), Agency Sec. 391, Comment b. To the same effect are Goodson v. Embleton (Kan. City Ct. of App.), 80 S.W...relationship, as where he does not account to the principal until such time. Restatement (Second), Agency Sec. 381, Comment f; Sec. 382d. The agent has a continuing duty not to take advantage of a...


Court: Court of Appeals of Maryland.
Date: Oct 12, 1960 Cited By: 31 Coram: 1
19

...Supreme Court followed the approach of the Restatement (Second) of Agency, and held that "a principal is liable for an agent's misrepresentations that cause pecuniary loss to a third party, when the...S.Ct. at 1942 (citing Restatement (Second) of Agency §§ 249, 262 (1957); Rutherford v. Rideout Bank, 11 Cal.2d 479..., 824 F.2d at 1358 (quoting Restatement (Second) of Agency § 219, comment (a) on subsection (1)). The one case we have found...


Court: United States Court of Appeals, Third Circuit.
Date: Dec 9, 1994 Cited By: 943 Coram: 1
20

...the third person, or may be made to the community, by signs or advertising. Restatement (Second), Agency §§ 8, 8B, 27 (1957). In order for the third person to recover against the principal, he must have...(Second), Agency § 267 and such reliance must have been reasonable under the circumstances. N. Rothenberg Son, Inc. v. Nako, 49 N.J. Super. 372...the one appearing to be servant as if he were such. Restatement, Agency, par. 267. * * * This rule normally applies where the plaintiff has submitted himself to the care or protection of an apparent...


Court: United States Court of Appeals, Third Circuit.
Date: Jan 20, 1971 Cited By: 91 Coram: 2

Cases cited for the legal proposition you have searched for.

There are no alerts added for the related case. Please create new alert(s).