A native of Greene County, Mr. That the law of estoppel to rely on the various subdivisions of section of the Civil Code has been considerably liberalized—or, perhaps, clarified—since Seymour v. Although the common genesis of sections and of the Civil Code has been judicially recognized Sunset-Sternau Food Co.
Postal Union Life Ins. Ruth Patrick, Gov. Marks said he would check into it. Johnson for Defendants and Respondents.
Since, however, plaintiff did not deal with an agent whose authority was in writing nor with an executive officer, it would subvert the very purpose of section to estop Gulf: Marks, however, testified that Renard was never present at any meeting between himself and plaintiff, and that he did not meet Renard until a deposition was taken in connection with this litigation.
This actual occupancy of the station apparently required the cooperative efforts of several Gulf employees other than Marks himself. The mere fact that his agent has conducted himself in such a way that his oral contract will be enforced, although it is of such a nature that ordinarily it must be in writing, cannot automatically get the third person over the next hurdle: A little later in its opinion the court prefaced its discussion of the doctrine of estoppel to rely on the requirement of a written ten-year contract by saying: Thus, Professor Nielson, who prepared the annotations to the Restatement of Agency, says in the California annotations to section 31 of the Restatement Second — "Estoppel to Deny Authorization": In these circumstances Ruinello does not apply.
He does claim, however, that Marks had ostensible authority to make binding leases on behalf of Gulf. It should be noted that in certain respects the facts of this case nicely parallel those of Seymour v.
Quite to the contrary, however, the court clearly holds that whatever evidence of estoppel the plaintiff might adduce to take the case out of the operation of Civil Code sectionsubdivision 1, he would not be relieved from proving written authority to satisfy section Prior to joining Shell Oil, Mr.
Lloyd, Edith D. At that point defendants relied on Civil Code, sectionsubdivision 4.The case most troubling to Kobayashi was Paul L. McGirr v. Gulf Oil Corporation (41 Cal.3d ) wherein the corporation was not held responsible under a rental lease. In that instance, the corporate representative made promises to a service station lessee which were not in writing as required.
Case Paul L. McGirr v. Gulf Oil Corporation MGMT Course Project Parties In this case, Paul L. McGirr was the plaintiff. He was also the appellant when the case went to the appeals court.
Good anti-foam properties ensure film strength for effective lubrication. Excellent Extreme Pressure properties shields against wear under different operating conditions. Plaintiff Paul McGirr sued defendant Gulf Oil and Ted Marks, a Gulf employee, alleging breach of an oral contract to lease a service station for five years.
The jury returned a $30, verdict in favor of plaintiff.Download