“The liability of a principal for the negligent acts of his agent is determined by whether the agent was engaged in the furtherance of the principal’s business to such a degree that the principal had the right to direct and control the activities of the agent.”
How later courts described this case
- “The liability of a principal for the negligent acts of his agent is determined by whether the agent was engaged in the furtherance of the principal’s business to such a degree that the principal had the right to direct and control the activities of the agent.”
- “The existence of a valid express contract for services ... precludes the implication of a contract covering the same subject matter.” (internal quotation marks omitted)
- “A valid and binding contract is essential to the right of the third-party beneficiary to maintain such an action.”
Written by the judges who cited it.
The opinion
Fontron, J.,
dissenting: I wish to record my agreement with the views so clearly expressed by Mr. Justice Kaul with respect to the court’s abrupt and dramatic turn-about-face in striking down K. S. A. 46-901 and 46-902 as being constitutionally invalid.
Fromme, J., joins in the foregoing dissent.
REPORTER’S NOTE:
Case No. 47,363 and case No. 47,706 consolidated and rehearing granted.