INSTRUCTION NO. ________

        (Principal's name) is sued as the principal and (alleged agent's name) is [sued as] [claimed to have been] his [its] agent. [It is denied that any agency existed] [It is (also) denied that (alleged agent's name) was acting within the scope of his authority as an agent of (principal's name) at the time of the occurrence].

        If you find that (agent's name) [was the agent of (principal's name)] [and] [was acting within the scope of his authority] at the time of the occurrence, then any act or omission of the agent at that time was in law the act or omission of the principal. [If either (is liable) (was negligent), both are (were) equally (liable) (negligent).]

IDJI 251.

GIVEN ______________

REFUSED ____________

MODIFIED ___________

COVERED ____________

OTHER ______________