United States Second Circuit

In an action for breach of contract alleging that defendants' agent made an oral agreement to sell certain notes to plaintiffs at a significant discount, but reneged on that agreement, judgment for plaintiffs is reversed where the evidence was insufficient to support a finding that defendants' agent had actual or apparent authority to make the contract on defendants' behalf or that he made such a contract.

Appellate Information

• Decided 06/11/2010
• Published 06/11/2010

Judges

• LEVAL, Circuit Judge:, Before LEVAL and RAGGI, Circuit Judges, and COTE, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Paul B. Lackey, Lackey & Hershman, LLP, Dallas, TX (Jamie R. Welton and Kristen A. Miller Reinsch, on the brief), for Plaintiff-Appellee., Michael J. McNamara, Seward & Kissel LLP, New York, N.Y. (Jack Yoskowitz, on the brief), for Third-Party-Defendant-Counter-Claimant-Appellee., Edwin G. Schallert, Debevoise & Plimpton LLP, New York, N.Y. (Steven Klugman, Robert H. Chandler, and Courtney M. Dankworth of Debevoise & Plimpton LLP and Alvin M. Stein and Katherine C. Ash of Troutman Sanders LLP, on the brief), for Defendants-Third-Party-PlaintiffsCounter-Defendants-Appellants.