GILMORE v. CONSTITUTION LIFE INSURANCE COMPANY

No. 73-1963.

502 F.2d 1344 (1974)

Merritt Victor GILMORE and Rose L. Gilmore, Plaintiffs-Appellees, v. CONSTITUTION LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 12, 1974.

Rehearing Denied October 2, 1974.


Attorney(s) appearing for the Case

Irvin M. Kent, Denver, Colo. (Victor T. Roushar and Petrie, Woodrow, Roushar & Weaver, Montrose, Colo., on the brief), for plaintiffs-appellees.

Kenneth L. Starr, Denver, Colo. (Hardin Holmes, James C. Ruh and Ireland, Stapleton, Pryor & Holmes, Denver, Colo., on the brief), for defendant-appellant.

Before BREITENSTEIN, McWILLIAMS and BARRETT, Circuit Judges.


McWILLIAMS, Circuit Judge.

This is an agency case wherein the trial court held the principal liable for the fraud of its agent on the grounds that the principal had clothed its agent with such authority that the agent was apparently acting within the scope of his authority when he committed the fraudulent acts upon which the present action is based. The trial court accordingly entered judgment against the principal and the latter now appeals. We affirm.

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