Keithley Edwards v. Born, Inc. Appeal of Keithley Edwards and Edith Edwards’s Empirical Analysis
792 F.2d 387 · 1986
Citation profile
29 federal appellate · 13 district · 4 state decisions
How this case has been cited
Cited by 78 later decisions — most recently September 2018 · most notably Tunis Brothers Company Inc (1992), Fennell v. TLB Kent Co. (1989)
29 federal appellate · 13 district · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1291
Relies on Copperweld Corp. v. Independence Tube Corp. · 38 Cal. 3d 396 - Blanton v. Womancare, Inc. · Mid-South Towing Co. v. Har-Win, Inc. · James Thomas Iii v. Colorado Trust Deed Funds, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“as generally understood and applied in the United States.”
4 later decisions quote this exact passage · from the majority“Apparent authority is the power to affect the legal relations of another person by transactions with third persons, professedly as agent for the other, arising from and in accordance with the other’s manifestations to such third persons. Restatement (Second) of Agency § 8 (9158)... Further, in order to create apparent authority, the principal must manifest to the third party that he consents to have the act done on his behalf by the person purporting to act for him. Id. § 27. Second Circuit case law supports the view that apparent authority is-created only by the representations of the principal to the third party, and explicitly rejects the notion that an agent can create apparent authority by his own actions or representations.”
3 later decisions quote this exact passage · from the majority“[T]he `crucial question in ascertaining whether apparent authority has been created is whether the principal has made representations concerning the agent's authority to the third party.'”
3 later decisions quote this exact passage · from the majoritye.g. Mary Lou Covington Harry Covington, Her Husband v. Continental General Tire, Inc. Sears Roebuck and Co., and Third Party v. Emma Jean Williams, Third Party Emma Jean Williams James H. Williams, Her Husband Jamie Williams, by and Through Her Guardian, James H. Williams v. Continental General Tire, Inc. Sears Roebuck and Co., and Third Party v. Emma Jean Williams, Third Party Richard Abrams Sheila Abrams, His Wife v. Continental General Tire, Inc. Sears Roebuck and Co., and Third Party v. Emma Jean Williams, Third Party Mary Lou Covington Harry Covington, Her Husband Emma Jean Williams James H. Williams, Her Husband Jamie Williams, by and Through Her Guardian, James H. Williams Richard Abrams Sheila Abrams, His Wife · Farris v. JC Penney Co.
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.