Thompson v. Brown
Supreme Court of Georgia
Complaint. Before Judge Mitchell. Thomas superior court. June 10, 1904. H. E. Thompson, of St. Paul, Minn., owned a dwelling-house in Thomasville, Ga. In'the spring of 1900 his wife employed J. II. Brown to furnish material and do the work of repairing and decorating the inside of this house. His bill for work and material amounted to $655.51, on which he was paid $122.70 by William Miller.
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Complaint. Before Judge Mitchell. Thomas superior court. June 10, 1904. H. E. Thompson, of St. Paul, Minn., owned a dwelling-house in Thomasville, Ga. In'the spring of 1900 his wife employed J. II. Brown to furnish material and do the work of repairing and decorating the inside of this house. His bill for work and material amounted to $655.51, on which he was paid $122.70 by William Miller. In 1902 Brown sued Thompson for the balance due on the account, alleging that Thompson “ has ratified the acts of -his said wife acting for him in the employment of petitioner, by receiving the benefits of…
1Opinion of the CourtSimmons, C. J.
1. Where a wife makes a contract in her own name for the improvement of her husband’s house, the husband is not liable therefor when it does not appear that the wife was his authorized agent, or that he knew that the work was being done on his property, or that he adopted the contract as his own. Benjamin v. Benjamin, 15 Conn. 347, 39 Am. Dec. 384.
2. The wife having acted on her own behalf and not as the agent of her husband, he can not be held bound, as principal, by ratification, merely because he has paid for part of the work. Civil Code, § 2997 ; 1 A. & E. Enc. Law (2d ed.) 1188; Blount…
2Cases cited3 opinions
- Benjamin v. BenjaminSupreme Court of Connecticut · 1843
- Malone's adm'r v. HobbsSupreme Court of Virginia · 1842
- Blount & Morel v. DuggerSupreme Court of Georgia · 1902
3Cited by17 opinions
- Greene v. GoluckeSupreme Court of Georgia · 1947
- Samples v. ShawCourt of Appeals of Georgia · 1933
- Young v. KickliterSupreme Court of Georgia · 1957
- Roberts v. Bank of EufaulaCourt of Appeals of Georgia · 1917
- Culverhouse v. Atlanta Ass'n for Convalescent Aged Persons, Inc.Court of Appeals of Georgia · 1972
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