McDonald v. Pearre Bros. & Co.
Court of Appeals of Georgia
Complaint — appeal, from Liberty superior court — Judge Sea-brook. February 17, 1908. The plaintiffs are members of a firm engaged in the business of selling goods at wholesale at Baltimore, Maryland. The defendant was a retail merchant living at Johnson Station in this State.
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Complaint — appeal, from Liberty superior court — Judge Sea-brook. February 17, 1908. The plaintiffs are members of a firm engaged in the business of selling goods at wholesale at Baltimore, Maryland. The defendant was a retail merchant living at Johnson Station in this State. The plaintiffs’ agent, an ordinary drummer, with authority only to solicit orders and transmit them to his principal, and without any authority to make a binding contract, took the defendant’s order for a certain Tot of merchandise. The goods were to be .shipped by steamer from Baltimore to Savannah. They were shipped…
1Opinion of the CourtPowell, J.
1. The controlling question in this ease is one of agency. Was the agent authorized to receive, on behalf of his prineijDal, instructions as to having insurance effected on the goods? If so, of course the plaintiffs are bound by those instructions, just as if they had had personal knowledge thereof. The undisputed evidence shows that the agent was an ordinary drummer or commercial traveler, with authority only to solicit and. transmit orders for goods, and with no authority to make any contract binding on'his principals. Express authority to do an act includes, as incidental thereto,…
2Cases cited5 opinions
- Erwin v. HarrisSupreme Court of Georgia · 1891
- Wheelhouse v. ParrMassachusetts Supreme Judicial Court · 1886
- Jones v. SchneiderSupreme Court of Minnesota · 1875
- Howell v. Maine & Co.Supreme Court of Georgia · 1907
- Woodruff v. NoyesSupreme Court of Connecticut · 1843
3Cited by4 opinions
- Morris M. Glazer v. J. C. Bradford and Company, a Partnership, J. C. Bradford and Company, Inc.Court of Appeals for the Fifth Circuit · 1980
- Matter of CottonUnited States Bankruptcy Court, M.D. Georgia · 1991
- Colyer v. Vanderbilt Hotel Co.Supreme Court of North Carolina · 1939
- Clark Co. v. Needham Piano & Organ Co.Court of Appeals of Georgia · 1909