Legal Opinion
Sherwin-Williams Company v. ST. PAULMERCURY INDEMNITY COMPANY
Court of Appeals of Georgia
Decided February 19, 1958No. 37038PublishedCited by 14 opinions
1Opinion of the Court
Quillian, Judge.
1. The petition which seeks to charge the defendant with liability for the act of an agent is fatally defective because it contains no allegation that the servant was acting within the scope of his employment or in the prosecution of his employer’s business, and did not show that the nature of the agent’s service was such that his authority to perform the act on behalf of his principal could be legitimately inferred. Code § 105-108; Laughlin v. Bon Air Hotel, 85 Ga. App. 43 (2) (68 S. E. 2d 186); Tate v. Atlantic Ice & Coal Corp., 25 Ga. App. 797 (1, 2) (104 S. E. 913). While…
2Cases cited9 opinions
- Hart v. WaldoSupreme Court of Georgia · 1903
- Bernstein v. PetersCourt of Appeals of Georgia · 1943
- Howard v. Georgia Home InsuranceSupreme Court of Georgia · 1897
- Bankers Health & Life Insurance v. GivensCourt of Appeals of Georgia · 1931
- Christopher v. WhitmireSupreme Court of Georgia · 1945
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Parris & Son, Inc. v. CampbellCourt of Appeals of Georgia · 1973
- Clinton v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1964
- Brown v. MacK Trucks, Inc.Court of Appeals of Georgia · 1965
- Stewart v. BoykinCourt of Appeals of Georgia · 1983
- Wheat v. MontgomeryCourt of Appeals of Georgia · 1973
9 more not listed; retrieve them via the Exa API.