Williams & Brother v. King Hardware Co.
Court of Appeals of Georgia
Complaint—appeal; from Cobb superior court — Judge Wright presiding. December 18, 1919. Payment of the account sued on to an agent or traveling salesman of the plaintiff — the King Hardware Company —was the defense set up in this case. Refusal to admit in evidence a receipt offered by the defendants and the direction of a verdict for the plaintiff are complained of in the motion for a new trial, the overruling of which is assigned as error.
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Complaint—appeal; from Cobb superior court — Judge Wright presiding. December 18, 1919. Payment of the account sued on to an agent or traveling salesman of the plaintiff — the King Hardware Company —was the defense set up in this case. Refusal to admit in evidence a receipt offered by the defendants and the direction of a verdict for the plaintiff are complained of in the motion for a new trial, the overruling of which is assigned as error. At the trial the plaintiff’s “credit man and head bookkeeper” testified, that the account sued on was correct, due, and unpaid; that he did not know…
1Opinion of the CourtJenkins, P. J.
1. “ Declarations of an alleged agent are not by themselves admissible to prove agency, but the fact of agency' may be established by proof of circumstances, apparent relations, and the conduct of the parties; and where the extraneous circumstances,! independently of and without regard to the declarations of the agent himself, clearly tend to establish the fact of his agency, his declarations, though inadmissible if standing alone, may, as a part of the res gestee of the transaction, be considered.” Sherrod v. Springfield Baptist Church, 21 Ga. App. 200 (2) (93 S. E. 1009); Abel v. Jarratt,…
2Cases cited3 opinions
- Abel v. Jarratt & Co.Supreme Court of Georgia · 1897
- Ham v. Brown Bros.Court of Appeals of Georgia · 1907
- Sherrod v. Springfield Baptist ChurchCourt of Appeals of Georgia · 1917
3Cited by3 opinions
- Clark v. Atlanta Veterans Transportation, Inc.Court of Appeals of Georgia · 1966
- Bender v. Hill Bros.Court of Appeals of Georgia · 1923
- Platt v. Olympic Ice, Inc.Court of Appeals of Georgia · 1983