Trans World Travel - Page 25




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          Co., 140 Ill. App. 3d 874, 883 (1st Dist. 1985), or fails to                
          repudiate the agent’s acts, see Chalet Ford, Inc. v. Red Top                
          Parking, Inc., 62 Ill. App. 3d 270 (1st Dist. 1978), or retains             
          the benefits of the unauthorized transaction, see Stathis v.                
          Geldermann, Inc., 295 Ill. App. 3d 844, 858 (1998); George F.               
          Mueller & Sons, Inc. v. Northern Ill. Gas Co., 12 Ill. App.3d 362           
          (1st Dist. 1973).  In contrast, ratification will not be implied            
          from acts or conduct that clearly evidences an intent not to                
          ratify.  See Evanston Bank v. Conticommodity Servs., Inc., 623 F.           
          Supp. 1014, 1037 (N.D. Ill. 1985).                                          
               Our analysis continues with the specific circumstances that            
          support our conclusion that petitioner ratified the filing of the           
          petition by Jaffe on its behalf.                                            
               Although not familiar with tax procedure, James and John               
          were aware, or should have been aware, that petitioner’s case was           
          before the Tax Court.  Evidence of this is found from various               
          events that occurred after the filing of the petition.                      
               First, the Designation of Place of Trial (DPT) was mailed to           
          petitioner at its Highland Park office by the Court.  More                  
          importantly, James admitted that he signed and dated the DPT.               
               James testified that he did not review the DPT before                  
          signing it, but that if he had noticed it was a Tax Court                   
          document, he would have questioned Jaffe about it.  We do not               
          find this testimony particularly convincing, however, given the             






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