Sally Dribben is a salesperson for Smith Chrysler-Plymouth in Fairbanks, North Dakota. John Stuart came to the used car lot at the dealership and discussed his car needs with Dribben. Dribben said she could get the car Stuart needed but she would have
to purchase it from another dealer and would need $5000 in cash. Stuart gave her $5000 in cash. When two days passed and Stuart did not hear from Dribben, he called the dealership and discovered that Dribben had left work suddenly. No one at the dealership had any knowledge of the $5000 or Dribben's promise. Stuart demanded the return of his money and Smith maintains Dribben had no authority to take the cash. Who is correct?
Based on a case now pending, the primary issues in the case are whether Dribben had any implied or apparent authority to take the money. Evidence regarding car dealership practices and consumer perceptions is being gathered.
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