Powell v. Kitchens

(After stating the foregoing facts.) Where, as here, the pleader in seeking to allege an agency relationship sets out the facts as they really exist or are deemed to exist, the allegations that the parties are principal and agent is a legal conclusion which must be tested by the facts as alleged. Conney v. Atlantic Greyhound Corp., 81 Ga. App. 324 (1) (58 S. E. 2d, 559). Code § 4-101 provides as follows: “The relation of principal and agent arises wherever one person, expressly or by implication, authorizes another to act for him, or subsequently ratifies the acts of another in his behalf.”…