AMFM, LLC Commercial Holdings, LLC v. Kimberly Shanklin

I dissent to the majority's nonsensical conclusion that a third party may enforce a contract entered into by a person who indisputably had neither actual nor apparent authority to do so. This position violates every tenet of contract and agency law and further distorts a salutary statutory provision which is patently inapplicable. Petitioner's argument-contained in a mere singular paragraph in its original brief and completely devoid of any authority in support-is that a provision contained in the Uniform Durable Power of Attorney Act, designed to encourage acceptance of facially valid powers…