Gordon & Co. v. Cobb
Court of Appeals of Georgia
Complaint, from city court of Wrightsville — Judge Faircloth. December 28, 1907. The defendant had sent to the plaintiffs, as factors, a quantity of cotton to be sold for his benefit; and they advanced to him its approximate value. A tentative grading was made. A price satisfactory to the defendant was offered, and he, supposing that it was based on the tentative grading, instructed a sale.
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Complaint, from city court of Wrightsville — Judge Faircloth. December 28, 1907. The defendant had sent to the plaintiffs, as factors, a quantity of cotton to be sold for his benefit; and they advanced to him its approximate value. A tentative grading was made. A price satisfactory to the defendant was offered, and he, supposing that it was based on the tentative grading, instructed a sale. The factors had made a contract of sale at the price named, but upon the purchaser regrading the cotton, it was found to be below the average indicated in the tentative grading previously made. Upon being…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. In an ordinary agency the agent has or should have no other interest than that which comes from obeying his principal’s wishes and instructions. However, instances arise in which the agent has not only the power to represent his principal, but also a direct interest in the subject-matter of the agency; and in such cases he has a broader discretion. It is frequently a matter of close discrimination to determine whether the relation existing between the parties is that of an ordinary agency, or that of an agency-coupled with an interest; for the interest…
2Cases cited2 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- William & James Brown & Co. v. McGranSupreme Court of the United States · 1840
3Cited by9 opinions
- Brannon v. StateCourt of Appeals of Georgia · 1917
- Wood & Brother v. Jones & SonCourt of Appeals of Georgia · 1912
- Leffler Co. v. Pearson & SonCourt of Appeals of Georgia · 1915
- Lovejoy v. LamarCourt of Appeals of Georgia · 1917
- Planters Warehouse Co. v. HardinCourt of Appeals of Georgia · 1923
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