Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

 The person alleging agency and resulting authority has the burden of proving that it exists. Lacy v. Hodgkin, 275 Ky. 722, 122 S.W.2d 768 (1938); American National Red Cross v. Brandeis Machinery and Supply Co., 286 Ky. 665, 151 S.W.2d 445 (1941). Agency cannot be proven by a mere statement, but it can be established by circumstantial evidence including the acts and conduct of the parties such as the continuous course of conduct of the parties covering a number of successive transactions. Monohan v. Grayson County Supply Co., 245 Ky. 781, 54 S.W.2d 311 (1932); Wedding v. Duncan, 310 Ky. 374, 220 S.W.2d 564 (1949). Specifically one must look at what had gone on before to determine if the agent had certain authority. Aeroplane Oil & Refining Co. v. Disch, 203 Ky. 561, 262 S.W. 939 (1924). If considering past similar acts done in a similar manner, it is found that the present action was taken with the apparent scope of the agent's authority, the act is binding upon the principal. Kentucky-Pennsylvania Oil and Gas Corporation v. Clark, 247 Ky. 438, 57 S.W.2d 65 (1933); Aeroplane Oil & Refining Co., supra. 

Register or login to access full content