L. B. Gilmore v. Royal Indemnity Company

(specially concurring).

I concur in reversal and for a full trial on the merits.

I. think, however, that while, as so well stated by the Court, Harrold’s authority to take over dispositiqn of the claim and. contract can be established by waiver and estoppel, this is too narrow' a view; I think it can be established that he had actual authority, expressed or implied.

The Power of Attorney (note 2, Court’s opinion) was not the contract of agency between Surety and Harrold. This, as the surety industry well knows, was to establish in a manner permitting third parties, ‘public agencies, banks,…