Baldwin v. Garrett
| Decision Date | 09 August 1900 |
| Parties | BALDWIN v. GARRETT et al. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. It is the right of one who deals with an agent who fails to disclose his principal to proceed directly against the principal, when discovered. Civ. Code, § 3024. This right is not dependent on the diligence of the plaintiff in discovering the fact of the concealed agency.
2. An agent to conduct a given business for his principal necessarily has authority to do everything which is essential to the performance of his duties as agent. (a) If the agency be to carry on a mercantile business, and to do this it is necessary to rent a house, the principal will be bound for the rent thereof, whether he expressly authorized the agent to make the contract of rent or not.
3. Two of the charges complained of in the present case being in conflict with the law as above stated, and the same having relation to vital issues in the case, there should be a new trial; the record not disclosing that the verdict complained of was demanded by the evidence.
Error from superior court, Muscogee county; W. B. Butt, Judge.
Action between A. J. Baldwin and Garrett & Sons. From the judgment, Baldwin brings error. Reversed.
R. R. Marlin and Brannon, Hatcher & Martin, for plaintiff in error.
McNeill & Levy, for defendants in error.
Judgment reversed.
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