Piedmont Operating Co. v. Cummings

ON MOTION FOR REHEARING.

Stephens, J.

It was and is the opinion of the court that the charge of the judge as set forth in the second division of the syllabus contravenes the principle of law set forth in the first division. We recognize it as a well-settled principle of law that actual agency may be proved from the habits, course of dealing and apparent relations; that is to say, that where the course of dealing has been prolonged with the knowledge and consent of the principal, actual *400agency can be inferred from such course of dealing. However, the charge as given in the instant case does not,…