McMichen v. Brown

Court of Appeals of Georgia

McMichen v. Brown

73 S.E. 691, 10 Ga. App. 506, 1912 Ga. App. LEXIS 594

CourtCourt of Appeals of Georgia

DecidedFebruary 12, 1912

Docket3676

StatusPublished

Cited by3 cases

This text of 73 S.E. 691 (McMichen v. Brown) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McMichen v. Brown, 73 S.E. 691, 10 Ga. App. 506, 1912 Ga. App. LEXIS 594 (Ga. Ct. App. 1912).

Pincite

Opinion

Pottle, J.

1. An agent to rent has no implied power to bind the landlord by a contract to pay a stipulated sum for improvements to be made by the tenant.

2. One employed as attorney at law to collect a claim for rent can not bind the landlord by a contract to pay for improvements made on the rented premises.

3. A parol ratification by an ,owner of land of an unauthorized written contract made by an agent, to pay a stipulated price' for improvements to be made on the land, will not be effective to bind the principal, when the improvements were made before the ratification took place, and the tenant has not acted on such ratification to his injury. McCalla v. American Freehold Co., 90 Ga. 113; Palmer v. McNatt, 95 Ga. 435 (1), 437.

4. Applying the foregoing principles to the facts of the present case, the court did not err in directing a verdict in favor of the plaintiff in the distress-warrant proceeding. Judgment affirmed.

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