Williams v. Moore-Gaunt Co.
Court of Appeals of Georgia
Action for breach of contract, from city court of Atlanta— Judge Eeid. November 6, 1907. The Moore-Gaunt Company, real-estate agents, sued Mrs. Williams upon the following contract: “I hereby accept the above offer of PI.
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Action for breach of contract, from city court of Atlanta— Judge Eeid. November 6, 1907. The Moore-Gaunt Company, real-estate agents, sued Mrs. Williams upon the following contract: “I hereby accept the above offer of PI. D. Durr [also set out as an exhibit to the petition], upon the terms and conditions therein named, and guarantee the titles to be perfect, and to deliver same, free from legal incumbrance, to the purchaser, and to pay Moore-Gaunt Co., for having negotiated the above sale, a commission on the gross amount, as follows: viz., 5 per cent, on the first two thousand dollars, and…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. The relationship of principal and agent is fiduciary in character, and imposes upon the parties the duties of exercising toward each other the utmost good faith. Civil Code, §4030. The *760law implies, as a part of the contract -by which every agency arises, that the agent agrees to have and exercise, for and toward his principal, loyalty and absolute good faith; and any breach of this implied contract on his part forfeits his right to commission. Civil Code, §3014; Gann v. Zettler, ante, 589 (60 S. E. 283); Ramspeck v. Pattillo, 104 Ga. 772 (30 S. E. 962,…
2Cases cited15 opinions
- Walton Guano Co. v. CopelanSupreme Court of Georgia · 1900
- Ramspeck v. PattilloSupreme Court of Georgia · 1898
- Jossey v. Georgia Southern & Florida Railway Co.Supreme Court of Georgia · 1899
- Wood v. Cincinnati Safe & Lock Co.Supreme Court of Georgia · 1895
- Hirsch v. OliverSupreme Court of Georgia · 1893
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3Cited by30 opinions
- Humphries & Jackson v. SmithCourt of Appeals of Georgia · 1908
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- Johnson v. SherrerSupreme Court of Georgia · 1944
- Spratlin, Harrington & Thomas, Inc. v. HawnCourt of Appeals of Georgia · 1967
- Williamson, Inman & Co. v. ThompsonCourt of Appeals of Georgia · 1936
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