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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.
