Legal Opinion

Mackle Construction Co. v. Hotel Equipment Co.

Court of Appeals of Georgia

Decided April 8, 1920No. 11189PublishedCited by 3 opinions

Certiorari; from Fulton superior court — Judge Humphries. October 27, 1919.

1Opinion of the CourtSmith, J.

1. “While agency may he proved by the testimony of the alleged agent as a witness, it cannot be proved by his more declarations, either spoken or written. Such declarations ought not in any event to be received in evidence, unless the party tendering the same offers in good faith to supplement them by other and independent evidence of agency; and if such offer' is not made good, the declarations ought to be excluded from consideration by the jury. The safer and better practice, in all cases, is to require proof of the agency before admitting such declarations at all.” Abel v. Jarratt, 100 Ga.…

2Cases cited1 opinion

  1. Abel v. Jarratt & Co.Supreme Court of Georgia · 1897

3Cited by3 opinions

  1. Massee v. ParrottCourt of Appeals of Georgia · 1922
  2. Alexander v. RichardsonCourt of Appeals of Georgia · 1927
  3. Babb v. KershCourt of Appeals of Georgia · 1955

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