Adebiyi v. Dynasty Dynamics
Appellant Dynasty Dynamics, Inc. (Dynasty Dynamics), appeals from a judgment upon special verdicts in favor of respondent Bola Adebiyi, specifically enforcing a real property purchase agreement and awarding damages for fraud.[1] Appellant contends there was no evidence of a writing, signed by officers of Dynasty Dynamics or by an agent authorized to sign on the corporations behalf, sufficient to satisfy the statute of frauds. Appellant also contends the trial court erred in refusing to instruct the jury on the equal dignities rule of the statute of frauds, which requires an agents authorization to be in writing. Finally, appellant contends that the evidence of ostensible agency and ratification was insufficient to overcome the equal dignities rule, and that the evidence of ostensible agency was insufficient to impose liability on appellant for the fraud of an ostensible agent.
As appellant has not provided a record adequate to review the issues regarding contract formation and the statute of frauds, we reject appellants contentions with regard to them. As Court conclude substantial evidence supports the jurys imposition of vicarious liability on appellant for the fraud of its ostensible agent, Corut also reject appellants final contention, and affirm the judgment.
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