- 17 - intention on his part, other than that he intended approving and adopting it.'" * * *[Rakestraw v. Rodrigues, 500 P.2d 1401] at 1405 [1972] (quoting Ballard v. Nye, 138 Cal. 588, 597, 72 P. 156, 159 (1903)). Mishawaka Properties v. Commissioner, supra at 364-365. We further stated that: The underlying concept of the implied ratification principle is to reach the same result where the person(s) with control over the authority allow others to exercise it without repudiation. That principle is no less appropriate or proper in the setting of sections 6226 and 6231 than in sections 6212 and 6213. Id. at 365. Although the holding in Mishawaka is not directly relevant, the circumstances and rationale of that case are comparable to those considered in this case. To reflect the foregoing, An appropriate order will be issued granting respondent’s and denying petitioner’s motion for partial summary judgment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
Last modified: May 25, 2011