Question
The owner of the Acme Radio Hut Store instructed the clerks to sell for cash only. Wiley E. Customer knows of these instructions but convinces
The owner of the Acme Radio Hut Store instructed the clerks to sell for cash only. Wiley
E. Customer knows of these instructions but convinces one of the clerks, Clerk Kent, to
sell him a television on credit. When the owner refuses to approve the sale, Wiley E.
claims that the store is bound by the credit sale because Clerk had the authority to make
such a sale as credit selling was customary in the community and the store had thus
given its employees the apparent authority to make the kinds of sales which were
customary in the community.
a. Is the credit sale contract Wiley binding on the store? Why?
b. Clerk gets into a heated argument with Wiley while discussing the credit sale of the
television. Clerk then strikes Wiley breaking his nose. Is Acme liable for Clerk's act?
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