Vogel, an assistant buyer for the Granite City Department Store, purchased metal art objects from…

Vogel, an assistant buyer for the Granite City Department Store, purchased metal art objects from Duval Reproductions. Vogel was totally without actual or apparent authority to do so, but believed that his purchase was a brilliant move likely to get him a promotion. The head buyer of Granite was livid when he learned of Vogel’s activities. However, after examining the merchandise and listening to Vogel’s pitch, he reluctantly placed the merchandise in the storeroom and put a few pieces on display for a few days to see whether it was a “hot item” and a “sure thing” as Vogel had claimed. The item was neither “hot” nor “sure” and when it did not move at all, the head buyer ordered the display merchandise repacked and the entire order returned to Duval with a letter that stated that the merchandise had been ordered by an assistant buyer who had absolutely no authority to make the purchase. Duval countered with a lawsuit for breach of contract.

 

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