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Mill Street Church of Christ v. Hogan
Mill Street Church of Christ v. Hogan | |
Court | |
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Citation | |
Date decided |
Facts
Church hired Bill Hogan to paint church. Church had decided that Gary Petty would be hired to assist if needed, but did not advise Bill Hogan. Bill Hogan painted most of church by himself. When he needed assistance at the end of painting, Bill Hogan discussed the matter of a helper with Dr. Waggoner, an Elder of the Church. Waggoner discussed possibility of hiring Petty, but never said that Bill Hogan was required to hire Petty. Bill Hogan hired his brother, Sam Hogan to assist him paint the last portion of the church. After working for 1/2 hour, Sam Hogan fell and broke his arm, and was treated in the local hospital and by a surgeon in St. Louis.
Bill Hogan reported the accident and was informed by Payne, a Church treasurer, that the church had insurance. Bill Hogan received his check for the number of hours worked including Sam Hogan's 1/2 hour. The Hogans used the Church's tools for the project.Procedural History
Issues
Holding
Judgment
Reasons
Comments
Implied Authority: actual authority circumstantially proven which the principal actually intended the agent to possess and includes such powers as are practically necessary to carry out the duties actually delegated.
Apparent Authority: not actual authority, but the authority the agent is held out by the principal as possessing. A matter of appearances on which third parties come to rely.