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4.9 Both Principal and Agent Sued—Agency or Authority Denied

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4.9 BOTH PRINCIPAL AND AGENT SUED—AGENCY OR AUTHORITY DENIED

[Defendant [name of alleged principal] is sued as the principal and the defendant [name of alleged agent] as the agent. [It is denied that any agency existed.] [It is [also] denied that [name of alleged agent] was acting within the scope of authority as an agent of [name of alleged principal].]]

If you find that [name of alleged agent] [was the agent of [name of alleged principal]] [and] [was acting within the scope of authority], and if you find against [name of alleged agent], then you must also find against [name of alleged principal]. If you do not find against [name of alleged agent], then you must find for both [name of alleged principal] and [name of alleged agent].

If you find against [name of alleged agent], but do not find that [name of alleged agent] was acting within the scope of authority as an agent of [name of alleged principal], then you must find that [name of alleged principal] is not liable.