context: Edwards. Courts have held, however, that where a party can demonstrate an agent's "actual authority," it is not necessary for that party to have known of it or relied on it when dealing with the agent.
citation_a.signal: see
citation_a.parenthetical: holding evidence also established bank's reliance on existing power of attorney
citation_a.sentence: See Wood v. Crocker First Nat’l Bank, 107 Cal.App. 685, 291 P. 221, 222-23 (1930) (holding evidence also established bank’s reliance on existing power of attorney); see also Milliken Group, Inc. v. Hays Nissan, Inc., 86 S.W.3d 564, 567 (Tenn.Ct.App.2001) (“If an agent acts with actual authority, then he may bind the principal in contract regardless of whether the third party is actually aware of that authority at the time of the transaction.”); St. Gaudens v. Southeast Bank, N.A., 559 So.2d 1259, 1260-61 (Fla.Dist.Ct.App.1990) (agreeing it is irrelevant whether third-party relied on or knew about existence of the power of attorney because third-party reliance is a relevant consideration only in cases of apparent authority, not actual authority); Myers v. Stephens, 233 Cal.App.2d 104, 43 CaLRptr. 420, 429 (1965) (“Where the agent acts within the scope of his actual authority, it is immaterial whether or not an inquiry into the extent of the authority has been made by a person dealing with the agent.”).
citation_b.signal: see also
citation_b.identifier: 86 S.W.3d 564, 567
citation_b.parenthetical: "If an agent acts with actual authority, then he may bind the principal in contract regardless of whether the third party is actually aware of that authority at the time of the transaction."
citation_b.sentence: See Wood v. Crocker First Nat’l Bank, 107 Cal.App. 685, 291 P. 221, 222-23 (1930) (holding evidence also established bank’s reliance on existing power of attorney); see also Milliken Group, Inc. v. Hays Nissan, Inc., 86 S.W.3d 564, 567 (Tenn.Ct.App.2001) (“If an agent acts with actual authority, then he may bind the principal in contract regardless of whether the third party is actually aware of that authority at the time of the transaction.”); St. Gaudens v. Southeast Bank, N.A., 559 So.2d 1259, 1260-61 (Fla.Dist.Ct.App.1990) (agreeing it is irrelevant whether third-party relied on or knew about existence of the power of attorney because third-party reliance is a relevant consideration only in cases of apparent authority, not actual authority); Myers v. Stephens, 233 Cal.App.2d 104, 43 CaLRptr. 420, 429 (1965) (“Where the agent acts within the scope of his actual authority, it is immaterial whether or not an inquiry into the extent of the authority has been made by a person dealing with the agent.”).