COMMENT OF THE DAY: WHO OWNS WILSHIRE VILLAGE? “Dilick purchased the property in 2002. He was aware that prople still lived in Wilshire Village as the rent checks continued to come in. He/Flat Stone II Ltd./Alabama & Dunlavy Ltd. was not only a developer at that point but a property owner and a landlord. . . . here’s where the circus music gets cued. Jay Cohen continued to ACT in the capacity of property manager/landlord/owner for the next SEVEN years. It is highly unlikely that Dilick had no idea this was going on. Texas law considers a principal to be vicariously liable for the torts of agents committed in the course and scope of their employment. Was Jay Cohen actually employed as the Wilshire Village property manager or do we have a case of ostensible (“for all appearances”) agency? If Dilick ALLOWED him to walk, talk and act like one, then a reasonable person could legitimately assume that such was the case. Jay Cohen made the statement to more than one resident, acting in the capacity of someone with the authority to do so, that they would not have to leave the property as stated in the eviction notice. Texas recognizes oral agreements as binding with 4 exceptions that must be in writing, but lease extension is not one of them. Implied authority is further conveyed by Cohen being cc’d on the notice. Looks like Lucy has some ’splainin to do, hmmm?” [Hellsing, commenting on Comment of the Day: Wilshire Village Town Meeting]