Thompson v. Brown

Supreme Court of Georgia

Thompson v. Brown

49 S.E. 740, 121 Ga. 814, 1905 Ga. LEXIS 80

CourtSupreme Court of Georgia

DecidedJanuary 28, 1905

StatusPublished

Cited by17 cases

This text of 49 S.E. 740 (Thompson v. Brown) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thompson v. Brown, 49 S.E. 740, 121 Ga. 814, 1905 Ga. LEXIS 80 (Ga. 1905).

Pincite

Opinion

Simmons, C. J.

1. Where a wife makes a contract in her own name for the improvement of her husband’s house, the husband is not liable therefor when it does not appear that the wife was his authorized agent, or that he knew that the work was being done on his property, or that he adopted the contract as his own. Benjamin v. Benjamin, 15 Conn. 347, 39 Am. Dec. 384.

2. The wife having acted on her own behalf and not as the agent of her husband, he can not be held bound, as principal, by ratification, merely because he has paid for part of the work. Civil Code, § 2997 ; 1 A. & E. Enc. Law (2d ed.) 1188; Blount v. Dugger, 115 Ga. 109.

Judgment reversed.

All the Justices concur.

The verdict was in favor of the plaintiff. The defendant moved for a new trial, which was denied, and he excepted.

Theodore Titus, for plaintiff in error. 8. A. Roddenbery and Roscoe Luke, contra.

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