Curto v. Illini Manors, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that a nursing home failed to prove implied authority because there was no evidence that the putative agent was present, directed by the principal to sign, or even knew about an arbitration agreement
• noting, “[a]pparent authority arises when a principal creates a reasonable impression to a third party that the agent has the authority to perform a given act”
• applying principles of agency law to determine whether spouse had the authority to enter arbitration agreement on behalf of other spouse
• “Implied authority may be established from the circumstances of a case based on prior course of dealing of a similar nature between the alleged agent and principal or from a previous agency relationship.”
• Implied authority is actual authority established through circumstantial evidence, and “arises when the conduct of the principal, reasonably interpreted, causes the agent to believe that the principal desires him to act on the principal’s behalf.”
• a nonsignatory to an arbitration agreement can be bound through agency

Source: CourtListener parenthetical corpus (CC0).