Opinion
No. 09-50557.
May 18, 2010.
Geoffrey D. Weisbart, Hance Scarborough LLP, Austin, TX, for Third Party Defendant-Appellant.
John C. Carsey, Minton, Burton, Foster Collins, Austin, TX, for Third Party Defendant-Appellee.
Appeal from the United States District Court for the Western District of Texas, USDC No. 1:08-CV-27.
Before GARWOOD, SMITH, and CLEMENT, Circuit Judges.
This is a dispute regarding an alleged agreement to buy an aircraft. Voyager Charters, L.L.C. ("Voyager"), claims that Robert Walker breached a promise to buy the aircraft and that John DeJoria is liable for the breach because Walker served as DeJoria's agent and partner in the agreement to purchase. Voyager also made claims of fraud, negligent misrepresentation, and promissory estoppel. The district court granted summary judgment for DeJoria.
The court accurately stated that "the central issue . . . is whether Robert Walker possessed either actual or apparent authority to enter into the . . . agreements on John Paul DeJoria's behalf." In a lengthy, detailed, and convincing twenty-two-page Amended Order entered on June 16, 2009, the court, with ample and specific reference to the summary judgment record, explained that "Mr. Walker had neither actual nor apparent authority to act on Mr. DeJoria's behalf."
We have reviewed the briefs and applicable law and pertinent portions of the record. The summary judgment is AFFIRMED, essentially for the reasons cogently explained by the district court.