Legal Opinion
Gifford v. Jackson
Court of Appeals of Georgia
Decided May 23, 1967No. 42752PublishedCited by 3 opinions
1Opinion of the Court
Joslin, Judge.
The question of personal liability of one who makes a contract on behalf of a corporation to be formed has been approached by the courts from one of two perspectives. There two approaches are, (1) the pre-incorporation contract approach, and the other, (2) the agency theory approach. The more logical one, however, is the pre-incorporation contract approach as in this none of the inconsistencies and illogic of the other are present.
The pre-incorporation contract approach considers the one making a contract, on behalf of a corporation to be formed, as bound personally on the…
2Cases cited4 opinions
- Hagan v. Asa G. Candler Inc.Supreme Court of Georgia · 1939
- Wells v. Fay & Egan Co.Supreme Court of Georgia · 1915
- Dehco, Inc. v. GreenbergCourt of Appeals of Georgia · 1962
- O'Rorke v. GearySupreme Court of Pennsylvania · 1903
3Cited by3 opinions
- Hawkins v. TurnerCourt of Appeals of Georgia · 1983
- Goobich v. WatersCourt of Appeals of Georgia · 2006
- Hawkins v. TurnerCourt of Appeals of Georgia · 1983