Virginia-Carolina-Chemical Co. v. Wisenbaker

• Decision Date: 16 September 1916
• Docket Number: 7422.
• Citation: 89 S.E. 1053,18 Ga.App. 528
• Parties: VIRGINIA-CAROLINA-CHEMICAL CO. v. WISENBAKER.
• Court: Georgia Court of Appeals

89 S.E. 1053

18 Ga.App. 528

VIRGINIA-CAROLINA-CHEMICAL CO. v. WISENBAKER.

No. 7422.

Court of Appeals of Georgia

September 16, 1916

Syllabus by the Court.

"The fact that the husband cultivates his wife's lands does not raise a presumption of law or of fact that he is her agent." Jones v. Harrell, 110 Ga. 373, 35 S.E. 690(3). See, also, Blount & Morel v. Dugger, 115 Ga. 109, 41 S.E. 270(1); Axson v. Belt, 103 Ga. 578, 30 S.E. 262(1); Cornelia Planing Mill Co. v. Wilcox, 129 Ga. 522, 59 S.E. 223.

In this case there was no evidence of a direct sale to the defendant herself, and none from which it could be legitimately inferred that her husband, who made the purchase, was actually acting as her agent or that she received the benefit of the fertilizers sold to him. The court therefore did not err in awarding a nonsuit.

Error from City Court of Valdosta; J. G. Cranford, Judge.

Action by the Virginia-Carolina-Chemical Company against Mrs. J. F. Wisenbaker. There was a judgment of nonsuit, and plaintiff brings error. Affirmed.

Geo. E. Simpson, of Valdosta, for plaintiff in error.

Denmark & Griffin, of Valdosta, for defendant in error.

WADE, C.J.

Judgment affirmed.