Ratification Of Agent'S Actions

71 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Laurentina Kocik v. Fernandez
  Fla. 3d DCA· 2023-01-11
  A shareholder may bring suit in his own name to enforce a corporate buyout clause when acting as an authorized agent of the corporation under Florida Rule of Civil Procedure 1.210. The buyout clause triggered upon the death of Kocik's husband was enforceable and did not violate e
• Longo v. Seminole Indian Casino-Immokalee
  2015 U.S. Dist. LEXIS 66510· M.D. Fla.· 2015-05-21
• Mercury Ins. Co. OF Fla. v. Sherwin
  982 So. 2d 1266· Fla. 4th DCA· 2008-06-04
  Mercury Insurance appeals a summary judgment finding that the rejection of stacked uninsured motorist coverage was invalid because it was not signed by the named insured (the wife). The court reverses, holding that the husband, as an authorized agent, validly rejected stacked cov
• Hale v. Cotton Petroleum Corp.
  796 F.2d 74· 5th Cir.· 1986-08-04
  The court held that there was sufficient evidence to support the jury's findings that the agent lacked apparent authority and that the principal did not ratify the oral agreement, thus affirming the lower court's judgment.
• Intercontinental Engineering-Manufacturing Corp. v. C. F. Bean Corp.
  647 F.2d 621· 5th Cir.· 1981-06-12
  The court held that the escrow agreement created a principal-agent relationship, making Bean liable for Robinson's breach of the sales contract with Intercon.
• First Ala. Bank OF Gadsden v. AETNA Ins. Co.
  607 F.2d 676· 5th Cir.· 1979-11-28
  The court held that the district court erred in granting a directed verdict for the bank, as a jury could reasonably conclude the insurance agent had implied authority to cancel the policy or that the bank ratified the cancellation.
• Am. Fire & Indem. Co. v. Lancaster
  415 F.2d 1145· 8th Cir.· 1969-09-15
  An insurance company cannot avoid a policy based on an agent's knowledge of a misrepresentation if the agent had actual or apparent authority to solicit applications, and a non-fraudulent misrepresentation does not void a policy unless it is material and either warranted or incor
• Pasotex Petroleum Co. v. Cameron
  283 F.2d 63· 10th Cir.· 1960-06-15
  The court held that Oklahoma law permits reformation of an instrument due to a mutual mistake of law where the written instrument fails to express the parties' true intent.
• Head v. Wollmann
  272 F.2d 298· 5th Cir.· 1959-10-27
  A principal can ratify an unauthorized note execution by an agent by accepting the benefits of the transaction, even if the principal initially repudiated the act.
• Alterman v. Lydick
  241 F.2d 50· 7th Cir.· 1957-02-14
  A principal is bound by an agent's acts under apparent authority, even if the agent exceeded actual authority, especially when the principal ratifies the agreement by accepting its benefits.
• Crosby v. The Loudoun Nat'l Bank OF Leesburg
  235 F.2d 540· 4th Cir.· 1956-07-13
  The court held that the powers of attorney granted to the agent were broad enough to cover the transactions with the banks, and the banks had no duty to investigate the agent's actions or ensure proper application of funds.
• Harnischfeger Corp. v. Hoosier Mortg. Serv., Inc.
  182 F.2d 118· 7th Cir.· 1950-05-08
  The court held that the defendant was bound by the letters of credit signed by its branch manager, as he acted with implied and apparent authority, and the action was not ultra vires.
• Pagliero v. Merchs. Fire Assurance Corp. of N.Y.
  169 F.2d 373· 9th Cir.· 1948-08-05
  The court held that the insureds, upon learning their brokers had cancelled one policy and obtained a replacement, were required to elect which policy to claim under, and by asserting rights under both, they ratified the brokers' actions.
• Inter-Ocean Cas. Co. v. Preslar
  127 F.2d 581· 9th Cir.· 1942-04-25
  The court held that the insurer ratified its agent's actions, making the policy effective on the date the agent represented it to be, despite policy provisions to the contrary.
• Ina K. Edgerton v. Ballston Spa Nat'l Bank
  146 Fla. 284· Fla.· 1941-02-25
  Ina K. Edgerton appeals a decree concerning a mortgage dispute with Ballston Spa National Bank. The Florida Supreme Court reversed the lower court, holding that Edgerton's father lacked authority to accept a deed in satisfaction of a mortgage that both father and daughter owned j
• Cent. Pub. Serv. Corp. v. Hermia Pittman and Lottie Hartsfield
  117 Fla. 27· Fla.· 1934-10-19
  A foreign Maryland corporation challenged service of process on its purported agent in Florida, arguing the agent lacked authority to represent it and the corporation had no presence in the state. The Florida Supreme Court held that the corporation was bound by its agent's action
• St. Petersburg Land & Loan Co. v. Shallcross
  84 Fla. 575· Fla.· 1922-11-18
  St. Petersburg Land and Loan Company appealed a judgment for breach of contract brought by real estate agents Shallcross and Donovan. The Florida Supreme Court reversed the judgment, holding that the plaintiffs failed to establish that the corporate officer had authority to bind
• Jackson Yates & The Pensacola & Atl. R.R. Co. v. Gadi Yates
  24 Fla. 64· Fla.· 1888-01-01
  The Florida Supreme Court reversed a decree ordering specific performance of a land sale, holding that a railroad company's special agent lacked authority to bind the company to a land conveyance and that the appellee was not entitled to relief against either the railroad or the
• The Peninsular R.R. Co. v. Gary
  22 Fla. 356· Fla.· 1886-06-01
  The Florida Supreme Court reversed a referee's judgment awarding a physician $165 for surgical services rendered to a railroad employee, holding that a roadmaster and conductor lacked authority to bind the railroad company to pay for medical treatment without ratification by the