Corbin Supply Co. v. Loftis

ON MOTION FOR REHEARING.

We are aware of the principle that in proving a contract alleged to have been made with a corporation, it is necessary to prove the contract itself and the authority of the agent who purports to execute it. See Ailey v. Lindale Co-operative Store, 33 Ga. App. 63 (125 S. E. 717).

The contract in the present case was in writing, and it became necessary to show the authority of Luhn, the agent, to execute it, or that the corporation had knowingly accepted benefits thereunder.

The evidence shows that when the plaintiffs approached the defendant with reference to the matter…