Gaines v. Kelly

How courts have described this case

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

• holding that agent had actual authority to deliver and explain loan documents but did not have actual authority to negotiate terms of the loans
• holding that agent had actual authority to deliver and explain loan documents but did not have actual authority to negotiate terms of the loans
• stating that when assessing existence of agent’s apparent authority, courts examine principal’s conduct and reasonableness of third party’s assumptions about authority
• stating that agent’s authority to act depends on some communication by principal either to agent (for actual authority) or to third party (for apparent authority)
• explaining the declarations of the alleged agent, without more, are incompetent to establish the existence or scope of the agency relationship
• stating principal is liable for acts of another acting as its agent only when agent has actual or apparent authority to do those acts

Source: CourtListener parenthetical corpus (CC0).

Cited by

121 cases in this archive cite this case; the 20 most cited are listed.

• Reliant Energy Services, Inc. v. Cotton Valley Compression, L.L.C.
  Tex. App. Ct., 1st Dist. (Houston)· 2011-02-10· cited 84×
• In Re Adm Investor Services, Inc.
  Texas Supreme Court· 2010-02-19· cited 83×
• Sanders v. Total Heat & Air, Inc.
  Tex. App. Ct., 5th Dist. (Dallas)· 2008-03-31· cited 57×
• MacY v. Waste Management, Inc.
  Tex. App. Ct., 1st Dist. (Houston)· 2009-08-28· cited 55×
• Bank of Texas, N.A. v. Gaubert
  Tex. App. Ct., 5th Dist. (Dallas)· 2009-05-08· cited 45×
• Expro Americas, LLC v. Sanguine Gas Exploration, LLC
  Tex. App. Ct., 14th Dist. (Houston)· 2011-10-27· cited 42×
• Neely v. Commission for Lawyer Discipline
  Tex. App. Ct., 14th Dist. (Houston)· 2009-12-03· cited 38×
• SED Holdings v. TM Prop Solutions
  Fifth Circuit· 2021-07-27· cited 34×
• Affordable Power, L.P. v. Buckeye Ventures, Inc.
  Tex. App. Ct., 5th Dist. (Dallas)· 2011-07-11· cited 29×
• Westview Drive Investments, LLC and Jack Yetiv v. Landmark American Insurance Co., and King-Phillips Insurance Agency, Inc. AKA Insurtrust Insurance
  Court of Appeals of Texas· 2017-02-28· cited 27×
• Jarvis, William C. and Cindy Jarvis v. K&E RE One, LLC Stewart Title Company Bayview Loan Servicing, LLC
  Tex. App. Ct., 5th Dist. (Dallas)· 2012-11-30· cited 22×
• Lozada v. Farrall & Blackwell Agency, Inc.
  Tex. App. Ct., 8th Dist. (El Paso)· 2010-08-25· cited 20×
• United Residential Properties, L.P., William Maxwell and Tiffany Tallent v. Tom and Dwana Theis
  Tex. App. Ct., 14th Dist. (Houston)· 2012-08-21· cited 19×
• Paragon Industrial Applications, Inc., and RLI Insurance Company v. Stan Excavating, LLC
  Tex. App. Ct., 6th Dist. (Texarkana)· 2014-05-06· cited 17×
• Howard v. Burlington Insurance Co.
  Tex. App. Ct., 5th Dist. (Dallas)· 2011-06-10· cited 16×
• Protocol Technologies, Inc. v. J.B. Grand Canyon Dairy, L.P.
  Tex. App. Ct., 11th Dist. (Eastland)· 2013-03-28· cited 15×
• PROTECT ENVIRONMENTAL SERVICES, INC., Appellant/Cross-Appellee, v. NORCO CORPORATION, Appellee/Cross-Appellant
  Tex. App. Ct., 8th Dist. (El Paso)· 2013-05-08· cited 15×
• Elbar Invs., Inc. v. Okedokun (In re Okedokun)
  S.D. Texas· 2018-11-06· cited 14×
• in the Interest of J.P., a Child
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2009-08-31· cited 13×
• Amerigroup Texas, Inc. v. True View Surgery Center, L.P.
  Court of Appeals of Texas· 2016-02-11· cited 12×

Cites

15 cases in this archive are cited by this case.

• Baptist Memorial Hospital System v. Sampson
  Texas Supreme Court· 1998-07-03· cited 359×
• Rourke v. Garza
  Texas Supreme Court· 1975-11-05· cited 342×
• NationsBank, N.A. v. Dilling
  Texas Supreme Court· 1996-05-10· cited 135×
• Walker Insurance Services v. Bottle Rock Power Corp.
  Tex. App. Ct., 14th Dist. (Houston)· 2003-05-29· cited 133×
• Jung Fu Chien v. Chen
  Court of Appeals of Texas· 1988-09-21· cited 115×
• Chastain v. Cooper & Reed
  Texas Supreme Court· 1953-04-01· cited 113×
• Hedley Feedlot, Inc. v. Weatherly Trust
  Tex. App. Ct., 7th Dist. (Amarillo)· 1993-07-12· cited 93×
• Southwest Title Insurance Co. v. Northland Building Corp.
  Texas Supreme Court· 1977-06-08· cited 68×
• First Valley Bank of Los Fresnos v. Martin
  Texas Supreme Court· 2004-09-03· cited 66×
• Rauscher Pierce Refsnes, Inc. v. Great Southwest Savings, F.A.
  Tex. App. Ct., 14th Dist. (Houston)· 1996-05-02· cited 40×
• Hartford Casualty Insurance Co. v. Walker County Agency, Inc.
  Tex. App. Ct., 13th Dist.· 1991-05-23· cited 40×
• Wheaton Van Lines, Inc. v. Mason
  Court of Appeals of Texas· 1996-08-15· cited 30×
• Longoria v. Atlantic Gulf Enterprises, Inc.
  Court of Appeals of Texas· 1978-09-21· cited 25×
• Hallmark v. United Fidelity Life Insurance Co.
  Texas Supreme Court· 1956-01-25· cited 23×
• Kelly v. Gaines
  Tex. App. Ct., 10th Dist. (Waco)· 2005-09-28· cited 15×

Other cases named Gaines v. Kelly

1 other CourtListener record shares this case name.

• Gaines v. Kelly
  Appellate Division of the Supreme Court of New York· 1986-02-21· cited 3×