Legal Opinion

International Power Co. v. Hardy

Supreme Court of Georgia

Decided August 13, 1903PublishedCited by 6 opinions

Complaint. Before Judge Reid. City court of Atlanta. December 18,1902. Hardey’s petition against the International Power Company alleged that he had been employed by it as a traveling salesman; that the terms of the contract of employment were set forth in two letters copied in the petition, one from himself to Hoadley, and the other from Hoadley to him ; and that, acting under the contract, he made certain sales, a list of which was set out, on which, according to the terms…

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Complaint. Before Judge Reid. City court of Atlanta. December 18,1902. Hardey’s petition against the International Power Company alleged that he had been employed by it as a traveling salesman; that the terms of the contract of employment were set forth in two letters copied in the petition, one from himself to Hoadley, and the other from Hoadley to him ; and that, acting under the contract, he made certain sales, a list of which was set out, on which, according to the terms of the contract, he was entitled to commissions amounting to a sum stated ; and for this sum he sued. By amendment he…

1Opinion of the CourtLamar, J.

Even if, under the decision in Fla. R. Co. v. Varnedoe, 81 Ga. 175 (7), the letters be construed as the individual contract of Hoadley, and therefore incapable of ratification, the company, by reference or otherwise, could adopt the same terms as therein stated, and the plaintiff may give proof thereof before the jury. The petition alleges the employment of the plaintiff by the defendant, performance of the services, with a statement of the items of the work done, and the amount to which he was entitled. With or without the letters, there was enough in the petition to withstand a general…

2Cases cited2 opinions

  1. Florida Midland & Georgia Railroad v. VarnedoeSupreme Court of Georgia · 1888
  2. South Carolina & Georgia Railroad v. Augusta Southern RailroadSupreme Court of Georgia · 1900

3Cited by6 opinions

  1. Lippincott & Co. v. BehreSupreme Court of Georgia · 1905
  2. Butler v. Tifton, Thomasville & Gulf Railway Co.Supreme Court of Georgia · 1905
  3. Tice Co. v. EvansCourt of Appeals of Georgia · 1924
  4. Valdes Hotel Co. v. FerrellCourt of Appeals of Georgia · 1915
  5. Thigpen v. Maddox & GriffinCourt of Appeals of Georgia · 1937

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