Phelps v. Union Central Life Insurance

The majority base their decision squarely on the point of agency and Sowter’s power to make the alleged contract, and can be analyzed as follows:

The court decided that the only evidence of the contract and the power were the statements of the deceased agent, Sowter, made to David Phelps, and that such statements were inadmissible on the grounds that statements of an agent are not admissible against the principal to prove the power and authority of the agent on the scope or extent thereof, unless such acts or declarations were done or made in the presence of the principal or with his…