Gorton v. Doty - Lecture notes 7 PDF

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Case Brief and Notes for Business Organizations I...

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GORTON v. DOTY 69 P.2d 136 (Idaho 1937) FACTS: Parties: Appellant: Doty (Δ) Appellee: Gorton (Π) Procedural History: 

Trial jury awarded father $870 and son $5000

Relevant Facts: 

Π was driven by Coach Garst in Δ’s personal car to football game in which he was playing



Δ knew the game was being played at Paris



Δ volunteered her car for use in transporting some members of the team



Δ asked Coach if any more cars were needed

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Δ told Coach he could use the car if he drove it

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Δ was not promised, nor did she receive any, compensation for use of the car



School district paid for gas to and from game

ISSUE: 

Whether Garst was an agent of the Δ while driving in her car

PARTIES’ ARGUMENTS: Plaintiff:  Defendant: 

Did not employ Garst



Did not direct his work or services or what he was doing

DISPOSITION OF THE COURT: 

Affirmed

RULE OF LAW: 

Agency – where one person acts for another o The relation of principal and agent o The relation of master and servant o The relation of employer or proprietor and independent contractor



Agency is the relationship which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act

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Principal – agent relationship does not have to involve business, but only that where one undertakes to transact some business or manage some affair for another by authority and on account of the latter, the relationship of principal and agent arises

HOLDING: 

Δ created an agency relationship with coach when she authorized the use of her car to transport players to the game

COURT’S REASONING:     

Δ gave a condition precedent in order for her car to be used, Coach accepted and drove the car Δ consented that coach should act on her behalf For a principal – agent relationship it is not necessary to have a contract, or agent promises to act as such, or to have compensation Ownership, regardless of the presence of the owner, establishes a prima facie agency relationship Δ did not say anything to coach about loaning car nor did he say anything about barrowing it

DISSENTING OPINION:  

Agency means more than passive permission Agent seeks to transact business or manage some affair for another by authority...