Hot Stuff, Inc. v. Kinko's Graphic Corp., Inc.

The majority of this court is of the opinion that the trial court’s finding that Benny Turner was acting within the scope of his authority was not clearly erroneous. While I concur with the majority in an affirmance, I believe that the trial court was clearly erroneous on this point.

The trial court and majority opinion appear to rely heavily on a question which Benny Turner asked Kinko’s sales employee, Tamera Harris, when he placed the $23,000 order for the August in Arkansas brochures. He asked whether there would be any problem in charging the order to “our account.” Even if the trial…