Cascade Warehouse Co. v. Dyer

ON PETITION FOR REHEARING

*381H. William Barlow of Allen, Stortz, Pierson & Barlow, Salem, for the petitioner. No appearance contra. PEE CURIAM

Defendant has petitioned for rehearing on the ground that we erred in holding that “real authority” and “apparent authority” are the same, and in holding that there was evidence to prove that defendant’s employee acted with “real authority.”

We recognize the distinction between real and apparent authority. Eeal authority exists when the agent is expressly authorized by the principal to act or when the actual authority to act can be implied from the facts. In…