Legal Opinion

Salters v. Pugmire Lincoln-Mercury, Inc.

Court of Appeals of Georgia

Decided September 9, 1971No. 46153PublishedCited by 40 opinions

1Opinion of the Court

Hall, Presiding Judge.

1. The issue raised here is whether the existence or absence of the agency relationship may be established by either bare assertions or denials. In other words, was the court dealing with facts or mere conclusions of law? The Georgia case law on this point is not clear since the opinions are all summary in nature. In other states there is "considerable conflict of authority and confusion even in the same jurisdiction.” Anno. 90 ALR 749, 750. See also 3 AmJur2d 714, Agency, § 356.

It has long been the Georgia rule that one who is a party to the relationship (the principal…

2Cases cited12 opinions

  1. Wakefield v. AR Winter Co., Inc.Court of Appeals of Georgia · 1970
  2. Shaw v. Jones, Newton & Co.Supreme Court of Georgia · 1909
  3. Sankey & Shorter v. Columbus Iron WorksSupreme Court of Georgia · 1871
  4. Scott v. Kelly-Springfield Tire Co.Court of Appeals of Georgia · 1924
  5. Georgia Railway & Power Co v. HeadSupreme Court of Georgia · 1923

7 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Lewis v. Citizens & Southern National BankCourt of Appeals of Georgia · 1976
  2. Brewer v. Southeastern Fidelity InsuranceCourt of Appeals of Georgia · 1978
  3. National Property Owners Insurance v. WellsCourt of Appeals of Georgia · 1983
  4. Addley v. BeizerCourt of Appeals of Georgia · 1992
  5. Chrysler Credit Corp. v. BarnesCourt of Appeals of Georgia · 1972

35 more not listed; retrieve them via the Exa API.

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