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(Download) "Sunset-Sternau Food Co. V. Bonzi" by Supreme Court Of California # eBook PDF Kindle ePub Free

Sunset-Sternau Food Co. V. Bonzi

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eBook details

  • Title: Sunset-Sternau Food Co. V. Bonzi
  • Author : Supreme Court Of California
  • Release Date : January 18, 1964
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 69 KB

Description

The main issue in this appeal turns upon whether a section of the statute of frauds, Civil Code section 2309, applies to an oral agency agreement and prevents the agent from suing the undisclosed principal on an implied promise of indemnity. Although section 2309 does not clearly specify whether it covers only the agent's authority to bind the principal to a third party or extends to the relationship between the agent and the principal, we believe it is confined to the agent's power to bind the principal only. The wording of the section, its placement in the code, a reluctance of the cases and commentators to give broad sweep to statutes which render oral agreements unenforceable, and the California decisions which have heretofore unanimously held section 2309 not applicable to agency agreements, sustain this conclusion.


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