Blackstone v. Widincamp

• Decision Date: 19 August 1916
• Docket Number: 615.
• Citation: 89 S.E. 745,145 Ga. 689
• Parties: BLACKSTONE v. WIDINCAMP.
• Court: Georgia Supreme Court

89 S.E. 745

145 Ga. 689

BLACKSTONE v. WIDINCAMP.

No. 615.

Supreme Court of Georgia

August 19, 1916

Syllabus by the Court.

This was an action for the price of certain fertilizer alleged to have been sold by the plaintiff to the defendant. On the trial it appeared that the fertilizer was delivered by the plaintiff to the defendant's husband, and the controlling question was whether he was the agent for the defendant. The evidence was insufficient to show agency, and the verdict for the plaintiff was unauthorized.

The question was whether or not the defendant's husband was her agent; and it was erroneous, while instructing the jury, to submit the question whether the plaintiff had reasonable grounds to believe that the defendant's husband was acting as agent for her.

Error from Superior Court, Tattnall County; W. W. Sheppard, Judge.

Action by E. Widincamp against Parthenia Blackstone. There was a judgment for plaintiff, and defendant brings error. Reversed.

H. H. Elders, of Reidsville, for plaintiff in error.

H. C. Beasley, of Reidsville, for defendant in error.

ATKINSON, J.

Judgment reversed.

All the Justices concur.