Quillian & Bros. v. Wales Adding Machine Co.

(After stating the foregoing facts.) While the defendants alleged in their plea that Clary was the agent of the plaintiff, there is no evidence that in this transaction he was anything more than an agent to sell, a special agent. Indeed, D. T. Quillian, a member of the defendant firm, swore that “this man Clary came to us because I called the Wales Adding Machine Company and told them to send a man to fix the machine we had.” The question of the sale arose after the arrival of Clary. “Agency to sell does not necessarily carry with it agency and authority to collect.” Collins v. Crews, 3 Ga.…