Morris v. Battey
Court of Appeals of Georgia
Certiorari; from Eulton superior court — Judge George ,L. Bell. March 23, 1921. E. S. Morris, the owner of an apartment house, sued out a warrant to dispossess H. I. Battey, alleged to be a tenant holding over. Battey filed a counter-affidavit.
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Certiorari; from Eulton superior court — Judge George ,L. Bell. March 23, 1921. E. S. Morris, the owner of an apartment house, sued out a warrant to dispossess H. I. Battey, alleged to be a tenant holding over. Battey filed a counter-affidavit. Upon the trial it was shown that the owner gave parol authority to a firm of real-estate, agents to rent apartments in the house, and that the agents rented one of the apartments to Battey, entering into a contract under seal with him, signed: “ Smith, Ewing & Rankin, as agents for E. S. Morris, by M. M. Ewing (Seal). H. I. Battey (Seal).” The contract…
1Opinion of the CourtBroyles, C. J.
While the written contract between the parties was void, as it was under seal and the authority of the agents who signed the contract for their principal was not. under seal (United Leather Co. v. Proudfit, 151 Ga. 403, 107 S. E. 327), and while the contract was not ratified by the principal, as there was no written ratification under seal (Lynch v. Poole, 138 Ga. 303, 75 S. E. 158), yet, under the facts of the case, the principal was estopped from denying the authority of the agent to make the contract. Lynch v. Poole, supra. It follows that the contract must be treated as a valid one, and…
Also in this document: Concurrence.
2Cases cited6 opinions
- Hicks v. BeachamSupreme Court of Georgia · 1908
- Lynch v. PooleSupreme Court of Georgia · 1912
- Huff v. MarkhamSupreme Court of Georgia · 1883
- United Leather Co. v. ProudfitSupreme Court of Georgia · 1921
- Byrne v. BeardenCourt of Appeals of Georgia · 1921
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- 20/20 Vision Center, Inc. v. HudgensSupreme Court of Georgia · 1986
- Metro Management Co. v. ParkerSupreme Court of Georgia · 1981
- Bussell v. SwiftCourt of Appeals of Georgia · 1934
- Atlanta Biltmore Hotel Corp. v. MartellCourt of Appeals of Georgia · 1968
- Meeks v. Adams Louisiana Co.District Court, S.D. Georgia · 1943