City of Delta Junction v. MacK Trucks, Inc.

The majority opinion correctly defines the law of apparent authority, but in my opinion has misapplied it to the facts of this case. For that reason, I dissent.

As the majority opinion states: [Ajpparent authority to do an act is created as to a third person by written or spoken words or any other conduct of the principal which, reasonably interpreted, causes the third person to believe that the principal consents to have the act done on his behalf by the person purporting to act for him.

Restatement (Second) of Agency § 27 (1958) (emphasis added). A crucial question in apparent authority cases…