Sharp-Boylston Co. v. Bostick

1. It is contended by the plaintiff in error that the petition here does not set out a cause of action against it for the reason that it is sought to charge the agent of the owner of the property for omissions to repair, which omissions, at most, amounted to nonfeasance rather than misfeasance. As stated in Owens v. Nichols, 139 Ga. 475 (1) (77 S. E. 635), the rule is as follows: “An agent is not ordinarily liable to third persons for nonfeasance. Kimbrough v. Boswell, 119 Ga. 201 [45 S. E. 977]. An agent is, however, liable to third persons for misfeasance. Nonfeasance is the total omission…