Ruan v. Gunn
Supreme Court of Georgia
Principal and Agent. Factors. Yen dor and Purchaser. Sales. Before Judge Kibbee. Houston Superior Court. October Term, 1885. Ruan brought suit against Gunn on an open account for guano.
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Principal and Agent. Factors. Yen dor and Purchaser. Sales. Before Judge Kibbee. Houston Superior Court. October Term, 1885. Ruan brought suit against Gunn on an open account for guano. The defendant pleaded, among other things, that he had not bought the guano from the plaintiff, but from C. D. Anderson & Son, who were warehousemen, and who acted as principals and owners in making the sale to defendant,- and were so believed to be by him; that no other principal was disclosed; that Anderson & Son were indebted to him, and it was his understanding and expectation that the price of the guano…
1Opinion of the Court
Hall, Justice,
The evidence sustains this verdict, and the judge did not abuse his discretion in reí using to set it aside. If the de*54fendant’s testimony is to be credited, and the jury had a right to do so, it is apparent that the defendant dealt with C. D. Anderson & Son, in their individual capacity, and not as plaintiff’s agents, in the purchase of the fertilizer for which this suit was brought; he did not know them as plaintiff’s agents in ihe transaction; the sale was made by them for cash, but none was paid, they being at the time indebted to plaintiff for the premises they occupied, and…
2Cited by9 opinions
- Klemme Cattle Co. v. Westwind Cattle Co.Court of Appeals of Georgia · 1980
- Central of Georgia Railway Co. v. Greene & Co.Court of Appeals of Georgia · 1930
- Durant Lumber Co. v. Sinclair & Simms Lumber Co.Court of Appeals of Georgia · 1907
- Elliott v. CarrollSupreme Court of South Carolina · 1934
- Lovelace v. Reliable GarageCourt of Appeals of Georgia · 1924
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