Legal Opinion · Dissent

Cascade Construction Co. v. Perrine

South Dakota Supreme Court

Decided September 30, 1969No. File No. 10573Published

1DissentHanson, Judge

The judgment appealed from is inconsistent and the inequitable result should not be perpetuated by an affirmance. The rule which should be applied in the disposition of this case is expressed in 3 Am.Jur.2d, Agency, § 76, p. 479 as follows:

"Stated in terms of estoppel, the rule is that where a principal has, by his voluntary act, placed an agent in such a situation that a person of ordinary prudence conversant with business usages and the nature of the particular business is justified in assuming that such agent has authority to perform a particular act and deals with the agent upon that…

2Cases cited1 opinion

  1. American Sales Book Co. v. CowdreySupreme Court of Arkansas · 1911

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