Genovese v. Bergeron

I concur with the decision to affirm the trial judge on the issue of mitigation of damages. I dissent with that part of the majority opinion that reverses the trial judge in directing a verdict on the apparent authority issue.

THE DOCTRINE OF APPARENT AUTHORITY

(Unpaid Rent)

Tenant argues the trial court erred in granting a directed verdict to the landlords as to the amount of rent owed by *574tenant under the lease. Tenant contends Warner, as agent of the landlords, had apparent authority to release tenant from her obligations under the lease.

Tenant told Warner to ask the landlords if she could…