Morgan v. Georgia Paving & Construction Co.

1. A person can not be held liable as an -undisclosed principal, unless the alleged agent who made the contract had actual authority as an agent to bind him. Mechem on Agency (2d ed.), §§ 1764, 1767.

2. A person having authority from another to use the other’s name in making cash purchases for the latter has no authority, as the latter’s agent, to make purchases and pledge his principal’s credit for their payment. Mechem on Agency, (2d ed.), § 914; Americas Oil Co. v. Gurr, 114 Ga. 624 (40 S. E. 780).

3. Where one, with knowledge of the agent’s authority to bind his principal, deals with the…