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Tanner Co., Inc. v. WIOO, Inc.

528 F.2d 262 (1975)

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Tanner Co., Inc. v. WIOO, Inc.

United States Court of Appeals for the Third Circuit
528 F.2d 262 (1975)

Facts

Tanner Co., Inc. (Tanner) (plaintiff) performed work for WIOO, Inc. (WIOO) (defendant), a radio station, pursuant to contracts entered into between Tanner and F. Eugene Waite. Waite was identified to Tanner as a general manager of WIOO. Waite was also mentioned in industry-wide publications as WIOO’s general manager. WIOO’s owners knew that Waite used the title of general manager and never objected. The contracts expressly stated that the party signing the contracts for WIOO was authorized to do so. The vast majority of these types of radio-station contracts were signed by general managers. WIOO refused to honor the contracts. Tanner filed suit. WIOO argued that Waite had no authority to bind WIOO to the contracts. The district court ruled in favor of Tanner. WIOO appealed.

Rule of Law

Issue

Holding and Reasoning (Garth, J.)

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