context: . While James Lattanzio purported to sign the Mutual Release on behalf of Sandra Lattanzio, it is hornbook law that a spouse does not -- by virtue of that status alone -- possess actual authority to legally bind his or her spouse, and the record is devoid of any indication that Sandra Lattanzio had either executed a power of attorney or, through her conduct with the defendants, created an appearance of authority in her husband.
citation_a.signal: see also
citation_a.identifier: 646 N.W.2d 732, 736
citation_a.parenthetical: husband's signature releasing claims against homebuilder did not bind non-signing spouse in absence of apparent authority
citation_a.sentence: Bennett v. Mack’s Supermarkets, Inc., 602 S.W.2d 143, 147 (K.y.1979) ("There is no longer in this state a presumption of agency between husband and wife in dealing with each other’s property.”); see also Restatement, Agency 2d, § 22(b); Krause v. Reyelts, 646 N.W.2d 732, 736 (S.D.2002) (husband’s signature releasing claims against homebuilder did not bind non-signing spouse in absence of apparent authority); Poarch v. Alfa Mut. Ins. Co., 799 So.2d 949, 955 (Ala.Civ.App.2000).
citation_b.signal: no signal
citation_b.identifier: 602 S.W.2d 143, 147
citation_b.parenthetical: "There is no longer in this state a presumption of agency between husband and wife in dealing with each other's property."
citation_b.sentence: Bennett v. Mack’s Supermarkets, Inc., 602 S.W.2d 143, 147 (K.y.1979) ("There is no longer in this state a presumption of agency between husband and wife in dealing with each other’s property.”); see also Restatement, Agency 2d, § 22(b); Krause v. Reyelts, 646 N.W.2d 732, 736 (S.D.2002) (husband’s signature releasing claims against homebuilder did not bind non-signing spouse in absence of apparent authority); Poarch v. Alfa Mut. Ins. Co., 799 So.2d 949, 955 (Ala.Civ.App.2000).