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Campbell Coal Co. v. Manchester Baptist Church

Campbell Coal Company v. Manchester Baptist Church

Campbell Coal Co. v. Manchester Baptist Church, 169 S.E. 59 (Ga. Ct. App. 1933)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
April 14, 1933
Docket
No. 22720
Judges
Beoyees
Citations
169 S.E. 5946 Ga. App. 7291933 Ga. App. LEXIS 218

Opinion of the Court — Beoyees

Text extracted by OCR from a scanned original; check the original for exact wording.

Beoyees, C. J.

1. Where A, assuming to act as the agent of a corporation, makes a contract for the corporation with a third person, which contract A has no legal authority from the corporation to execute, and where, however, the corporation receives a valuable benefit from the making of the contract, and retains and uses the property acquired by it under the contract, such acts of the corporation will ratify the unauthorized act of A in executing the contract for the corporation, and render the corporation liable on the contract. Merchants’ Bank of Macon v. Central Bank of Ga., 1 Ga. 418, 428 ( 44 Am. D. 665 ), and cit.; Ketchum v. Verdell, 42 Ga. 535; Haney School Furniture Co. v. Hightower Baptist Institute, 113 Ga. 289 (2), 296 ( 38 S. E. 761 ); Smith v. Goode & Nichols Furniture Co., 8 Ga. App. 84 ( 68 S. E. 620 ) ; Bacon v. Dannenberg Co., 24 Ga. App. 541 (5) ( 101 S. E. 699 ).

2. Under the foregoing ruling, the evidence for the plaintiff demanded a verdict in its favor, and the court erred in awarding a nonsuit.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1973: 11989: 119732026peak 1973 · 1

Relies on it most ⓘ

  1. Builders Homes of Georgia, Inc. v. Wallace Pump & Supply Co.197 S.E.2d 839 (Ga. Ct. App. 1973)
  2. Metro Leasing, Inc. v. Health, Education & Research Services, Inc.387 S.E.2d 399 (Ga. Ct. App. 1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Haney Sch. Furniture Co. v. Hightower Baptist Inst., 38 S.E. 761 (Ga. 1901) 27
Smith v. Goode & Nichols Furniture Co., 68 S.E. 620 (Ga. Ct. App. 1910) 2
Merchants' Bank v. Cent. Bank, 1 Ga. 418 (1846) 24
Bacon v. Dannenberg Co., 101 S.E. 699 (Ga. Ct. App. 1919) 20
Bell v. Johnson, 101 S.E. 709 (Ga. Ct. App. 1919) 2

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