Legal Opinion
Southern Motors of Savannah Inc. v. Krieger
Court of Appeals of Georgia
Decided July 11, 1952No. 34065PublishedCited by 8 opinions
1Opinion of the CourtTownsend, J.
(After stating the foregoing facts.) Where an agent without authority enters into a contract on behalf of a principal, the principal, upon discovery of the circumstances, has a choice either to ratify or disaffirm the contract made in his behalf, but he must act promptly and within a reasonable time, and, if he wishes to rescind, must tender back the benefits received under such contract. Once the choice has been made to ratify, the contract may no longer be disaffirmed. Code, §§ 4-302, 4-303; Bacon v. Danenberg Co., 24 Ga. App. 540, 541 (5) (101 S. E. 699); Lancaster v. Neal, 41 Ga. App. 721…
2Cases cited10 opinions
- Barnett v. SpeirSupreme Court of Georgia · 1894
- Haney School Furniture Co. v. Hightower Baptist InstituteSupreme Court of Georgia · 1901
- Bacon v. Dannenberg Co.Court of Appeals of Georgia · 1919
- Henderson v. WillisSupreme Court of Georgia · 1925
- Hancock v. HancockSupreme Court of Georgia · 1949
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brown v. Techdata Corp.Supreme Court of Georgia · 1977
- National Association for Advancement of Colored People v. OverstreetSupreme Court of Georgia · 1965
- Georgia Magnetic Imaging, Inc. v. Greene County Hospital AuthorityCourt of Appeals of Georgia · 1995
- Thompson v. Federal Express Corp.District Court, M.D. Georgia · 1992
- Barber v. Carolina Auto SalesSupreme Court of South Carolina · 1960
3 more not listed; retrieve them via the Exa API.