Gorton v. Doty

BUDGE, J.,

Dissenting. — I am unable to concur in the majoiity opinion.

As I read the entire record there is a total lack of evidence to support the allegation in the complaint that Garst was the agent of appellant Doty at or prior to the time of the accident in which respondent Richard Gorton was injured and as such agent was acting within the scope of his authority. An agent is one who acts for another by authority from him, one who undertakes to transact business or manage some affair for another by authority and on account of the latter. (Moreland v. Mason, 45 Ida. 143, 260 Pac. 1035.)…