- 25 - 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 thePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011