Trust Co. v. Wallace
Supreme Court of Georgia
Action for breach of contract. Before Judge Bell. Fulton superior court. October 23, 1913. J. N. Wallace instituted an action against The Trust Company of Georgia, a corporation, and Mrs. Bessie Draper Palmer. It was alleged that the defendants had injured and damaged the petitioner in a designated sum, for breach of contract executed between the defendants “as administrators of the estate of James E. McKeldin, deceased,” as follows “ Georgia, Fulton County.
Read the full summary
Action for breach of contract. Before Judge Bell. Fulton superior court. October 23, 1913. J. N. Wallace instituted an action against The Trust Company of Georgia, a corporation, and Mrs. Bessie Draper Palmer. It was alleged that the defendants had injured and damaged the petitioner in a designated sum, for breach of contract executed between the defendants “as administrators of the estate of James E. McKeldin, deceased,” as follows “ Georgia, Fulton County. Memorandum of Agreement between J. N. Wallace (as purchaser) and Trust Company of Georgia (as vendor), respecting sale of property…
1Per curiam
1. The allegation in the petition, “that the defendants herein, as administrators of the estate of James R. McKeldin, deceased, entered into” the contract, commits the plaintiff to the proposition that the Trust Company acted in such representative capacity. The same allegation also commits the plaintiff to the proposition that the signature of the corporation, “as agent for Mrs. Bessie Draper Palmer,” was made in a representative capacity. With such allegations remaining in the petition, the plaintiff will not be heard to deny that the contract was made in a representative capacity. Wadley…
2Cases cited2 opinions
- Wadley v. OertelSupreme Court of Georgia · 1913
- Glisson v. Weil & Co.Supreme Court of Georgia · 1903
3Cited by6 opinions
- Miller v. HinesSupreme Court of Georgia · 1916
- Hamilton v. SpeckSupreme Court of Georgia · 1928
- Brooke v. Cartersville Chero-Cola Bottling Co.Court of Appeals of Georgia · 1919
- Knight v. ForbesCourt of Appeals of Georgia · 1917
- Fleck v. EllisSupreme Court of Georgia · 1916
1 more not listed; retrieve them via the Exa API.