Simpson v. Compagnie National Air France

I respectfully dissent from the majority opinion and would reverse the judgment.

The record discloses that Larkin was a dual agent, employed by, and acting for, both of the parties.

There is no question that the I.A.T.A. agreement conferred upon Larkin the authority to collect funds and issue tickets in defendant’s behalf. It is equally clear that it was, at the same time, acting as plaintiff’s agent, for the purpose of procuring hotel and travel accommodations. Larkin’s relationship with both parties was one which is usual and customary in the business in which it was engaged, and only the…