Fleming v. Hill
Supreme Court of Georgia
Principal and agent. Charge of Court. Before Judge Clark. City Court of Atlanta. June Term, 1878. Hill brought complaint against Fleming on an account for liquors sold, amounting to $410.50. The defendant pleaded the general issue.
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Principal and agent. Charge of Court. Before Judge Clark. City Court of Atlanta. June Term, 1878. Hill brought complaint against Fleming on an account for liquors sold, amounting to $410.50. The defendant pleaded the general issue. The evidence for the plaintiff made, in brief, the following case : Defendant came into plaintiff’s store and said that he had an order for liquors from Morgan & Printnp, and that they were perfectly good ; that he wanted to see who would let him make the most out of the goods sold. Plaintiff replied that he would allow him one-half of the profits, and that the…
1Opinion of the Court
Bleckley, Justice.
1. There is no doubt that Fleming dealt as an agent, and that he disclosed his principals. He is not sued as guarantor, but as the sole original debtor. The effort is to charge him with the price of goods alleged to have been sold and delivered to him. If the credit was given to him by the choice of the seller, the latter could not afterwards resort to his principals for payment. Code, §2198. On the other hand, the agency being known, if the credit was not expressly given to Fleming he is not personally responsible upon the contract. Ib., §2211. “ The question is, to whom…
2Cited by6 opinions
- Phinizy v. BushSupreme Court of Georgia · 1907
- Chambliss v. HallCourt of Appeals of Georgia · 1966
- Bedell v. ScarlettSupreme Court of Georgia · 1886
- Collins v. LevineCourt of Appeals of Georgia · 1980
- Harris v. Southeastern Printers Supply Co.Court of Appeals of Georgia · 1939
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