Lindsay-Field v. Friendly

In Lindsay-Field v. Friendly (1995) 36 Cal.App.4th 1728, although the plaintiffs' representative, Porter, admitted that he knew a vote of the syndicate was required, he believed that the manager had the authority to bind its members when he signed the agreement. (Id. at p. 1734.) The court noted that Porter never asked for written evidence of Sturgis's authority and did not ask to see the syndicate agreement. (Ibid.) "Ostensible authority of an agent cannot be based on the agent's conduct alone; there must be evidence of conduct by the principal which causes a third party reasonably to believe the agent has authority. " (Ibid.)