David v. Serges

When an agent purporting to act for his principal exceeds his actual or apparent author*444ity, the act of the agent still may bind the principal if he ratifies it. The Restatement of Agency (2d), § 82, defines ratification thusly:

“Ratification is the affirmance by a person of a prior act which did not bind him but which was done or professedly done on his account, whereby the act, as to some or all persons, is given effect as if originally authorized by him.”

“Affirmance” is defined in section 83 of the Restatement:

“Affirmance is either

“(a) a manifestation óf an election by one on whose account…