Akers v. Kirke & Co.
Supreme Court of Georgia
Before Judge Marshall J. Clarke. Fulton superior court. September term, 1891. Burke & Co. sued Mrs. Akers upon an account, and also to foreclose a lien as contractors and material men, for work done and material furnished for the repairing* and building of a house belonging to her. She pleaded,, not indebted, that she made no contract with plaintiffs,, etc.
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Before Judge Marshall J. Clarke. Fulton superior court. September term, 1891. Burke & Co. sued Mrs. Akers upon an account, and also to foreclose a lien as contractors and material men, for work done and material furnished for the repairing* and building of a house belonging to her. She pleaded,, not indebted, that she made no contract with plaintiffs,, etc. A verdict was rendered for plaintiff's on their account ; defendant’s motion for a new trial was overruled, and she excepted. The evidence for plaintiffs shows the following: The-materials mentioned in the account went into the house,,…
1Opinion of the Court
Bleckley, Chief Justice.
The head-notes, together with the official report of the facts, will render the rulings made in this case sufficiently intelligible. There can be no doubt that the verdict of the jury represents the natural equity and sound justice of the casé. The legal ground on which *598the verdict rests is, that Mrs. Akers was the concealed principal of her husband, and that, although the credit was originally given to the latter by Kirke & Co., this was done in ignorance of the agency and of the true ownership of the property. There was enough legal evidence that such was the real…
2Cited by26 opinions
- Teasley v. BradleySupreme Court of Georgia · 1900
- McBride v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1906
- Oglesby v. Farmers Mutual ExchangeCourt of Appeals of Georgia · 1973
- Blakely Hardwood Lumber Co. v. Reynolds Bros. Lumber Co.Supreme Court of Georgia · 1931
- Williams v. SmithCourt of Appeals of Georgia · 1944
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