Estate of Pruyn v. Axmen Propane, Inc.

¶88 I dissent on issues two and three. The Court has failed to apply both parts of the test for determining ostensible authority. The Court has analyzed only the second step: “Part of the test to determine whether ostensible authority exists is to determine what a prudent person, acting in good faith, under the circumstances, would reasonably believe the authority to be.” Opinion, ¶ 42. While it is true that part of the test is, indeed, a “prudent person” perspective, the Court fails to analyze the first part of this Court’s long-established test for determining ostensible authority.

¶89 As we…