...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...

...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...

...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...

...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...

...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...

...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...

...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...

..., 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...

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

...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...

...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...

...., 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...

...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...

...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...

...] 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...

.... 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...

...) (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...

.... 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...

...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...

...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...