Koch v. Cochran, 307 S.E.2d 918 (Ga. 1983). · Go Syfert
Koch v. Cochran, 307 S.E.2d 918 (Ga. 1983). Cases Citing This Book View Copy Cite
21 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: C.R. OF THOMASVILLE, LLC D/B/A THOMASVILLE HEALTH AND REHAB v. LEO A. HANNAFORD (gactapp, 2022-04-05)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) C.R. OF THOMASVILLE, LLC D/B/A THOMASVILLE HEALTH AND REHAB v. LEO A. HANNAFORD
Ga. Ct. App. · 2022 · confidence medium
Koch v. Cochran, 251 Ga. 559, 560 ( 307 SE2d 918 ) (1983); see Wright v. Apartment Investment & Mgmt.
discussed Cited as authority (rule) HANSON STAPLE CO., INC. v. Eckelberry
Ga. Ct. App. · 2009 · confidence medium
Corp. v. Stone, 279 Ga. 428 ( 614 SE2d 758 ) (2005). 27 Tronitec, supra (jury question as to breach of fiduciary duty where employee purchased on his own account, and at favorable price, components needed by employer, while employee held managerial position and was employer’s purchasing agent). 28 Koch v. Cochran, 251 Ga. 559, 560 ( 307 SE2d 918 ) (1983). 29 E.
discussed Cited as authority (rule) White v. Shamrock Building Systems, Inc.
Ga. Ct. App. · 2008 · confidence medium
As the appeal on the main claim was taken pursuant to OCGA § 5-6-34 (b), the denial of the Cooke Defendants’ motion for summary judgment “shall be reviewed and determined by” this Court pursuant to subsection (d) of that Code section. 3 Additionally, the trial court denied the Defendants’ motions to strike certain affidavits, a ruling which we address in Division 6, infra. 4 (Citation and punctuation omitted.) Insight Technology v. FreightCheck, LLC, 280 Ga. App. 19, 20 ( 633 SE2d 373 ) (2006). 5 (Citation and punctuation omitted.) Id. at 23 (1) (a). 6 (Citations and footnotes omitted…
discussed Cited as authority (rule) At & T CORP. v. Property Tax Services, Inc.
Ga. Ct. App. · 2007 · confidence medium
Co. v. Genmar Indus., 250 Ga. App. 702, 704 ( 551 SE2d 830 ) (2001). 5 Dawes Mining Co. v. Callahan, 246 Ga. 531, 534-535 ( 272 SE2d 267 ) (1980) (citations and punctuation omitted). 6 Koch v. Cochran, 251 Ga. 559, 560 ( 307 SE2d 918 ) (1983). 7 DeKalb County v. Wellborn Road Common Tenancy, 276 Ga. App. 14, 15 ( 622 SE2d 409 ) (2005) (quoting OCGA§ 48-5-299 (c)). 8 OCGA § 48-5-299 (c); see Wellborn Road Common Tenancy, supra at 15-16. 9 See Wellborn Road Common Tenancy, supra. 10 See Koch, supra; Dawes Mining Co., supra. 11 Wellborn Road Common Tenancy, supra (“[OCGA § 48-5-299 (c)] make…
cited Cited as authority (rule) Jennette v. National Community Development Services, Inc
Ga. Ct. App. · 1999 · confidence medium
Koch v. Cochran, 251 Ga. 559, 560 ( 307 SE2d 918 ) (1983).
cited Cited as authority (rule) Tante v. Herring
Ga. Ct. App. · 1993 · confidence medium
Koch v. Cochran, 251 Ga. 559, 560 ( 307 SE2d 918 ).
discussed Cited "see" Tante v. Herring (2×)
Ga. · 1994 · signal: see · confidence high
See Koch v. Cochran, 251 Ga. 559, 560 ( 307 SE2d 918 ) (1983). 7 Decided October 31, 1994 — Reconsideration denied December 2, 1994.
discussed Cited "see" Millwood Mouldings, Inc. v. Wilson (2×)
Ga. Ct. App. · 1985 · signal: see · confidence high
See generally Koch v. Cochran, 251 Ga. 559 ( 307 SE2d 918 ) (1983); Vinson v. E.
discussed Cited "see, e.g." Kem Manufacturing Corp. v. Sant (2×)
Ga. Ct. App. · 1987 · signal: see also · confidence low
Cf. Plymouth Record Corp. v. Books, Inc., 92 Ga. App. 753 (1) ( 90 SE2d 336 ) (1955); see also Koch v. Cochran, 251 Ga. 559 ( 307 SE2d 918 ) (1983); Pope v. Kem Mfg.
Retrieving the full opinion text from the archive…
KOCH
v.
COCHRAN Et Al.
39965.
Supreme Court of Georgia.
Oct 19, 1983.
307 S.E.2d 918
Sibley & Sibley, Jack N. Sibley, for appellant., Downey, Cleveland, Moore & Parker, John H. Moore, Y. Kevin Williams, for appellee.
Weltner, Clarke.
Cited by 10 opinions  |  Published
Weltner, Justice.

In 1982, Koch entered into an oral agreement with a firm known as “Top Flower.” Pursuant to the agreement, Koch became a representative of Top Flower, importing the company’s flowers to the United States and selling them to retail stores. Koch’s commission was 20% of his gross sales.

Soon after reaching the agreement, Koch invited Barbara Cochran, his former secretary, to join him in the business. She agreed to accept one-half of Koch’s commission (10% of the gross sales) as compensation. There was no written agreement.

Once the business was begun, Mrs. Cochran encouraged Koch to hire her husband.

During this time, negotiations continued between Top Flower and Koch. The parties agreed that Koch’s commission would be raised to 30% of his gross sales and that Koch would pay his own expenses. The Cochrans continued to receive 10% of the gross sales pursuant to their earlier agreement with Koch.

The Cochrans were informed by Koch as to the progress of his discussions with Top Flower. Mrs. Cochran was concerned that Koch expected too much from Top Flower, and advised Koch several times to reduce his demands. Finally, Koch met with Top Flower while the Cochrans were present. Much of the discussions were conducted in Dutch, which the Cochrans could not understand. Nonetheless, the Cochrans left the meeting with the feeling that negotiations were breaking down. That evening Cochran contacted the representative[*560] of Top Flower, and was offered Koch’s position with the company — which he accepted. The next day Koch was informed that he had been replaced by his own agent, whereupon he discharged both the Cochrans.

Decided October 19, 1983 Rehearing denied November 1, 1983.

Koch brought an action for damages and injunctive relief against Cochran and his wife alleging a breach of their duty to him as agents and employees. The trial court granted the Cochrans’ motion for summary judgment, and Koch appeals.

This case involves the duty of loyalty owed to a principal by agents who are neither officers nor directors of the principal. Cf. Southeast Consultants v. McCrary Engineering Corp., 246 Ga. 503 (273 SE2d 112) (1980); Franco v. Stein Steel &c. Co., 227 Ga. 92 (179 SE2d 88) (1970).

“It has been held by this court that the relation of principal and agent is a fiduciary one, and that the agent may not make a profit for himself out of the relationship, or out of the knowledge obtained from the relationship, to the injury of the principal.” Larkins v. Boyd, 205 Ga. 69, 73 (52 SE2d 307) (1949). OCGA § 10-6-25 (Code Ann. § 4-205). “ ‘ “The relationship of principal and agent... demands of the agent the utmost loyalty and good faith to his principal.” ’ ” Harrison v. Harrison, 214 Ga. 393, 394 (105 SE2d 214) (1958). See OCGA § 23-2-58 (Code Ann. § 37-707).

The Cochrans rely on Pope v. Kem Mfg. Corp., 249 Ga. 868 (295 SE2d 290) (1982), to support their contention that they were free to compete with Koch after termination of the agency relationship, absent a written contract. In Pope (as here), there was no evidence of a written contract prohibiting competition by the employee upon termination of his employment. We held: “The principles of agency, while pertinent to the time period ... [of employment], will not sustain the grant of an injunction prohibiting competition after the agency relationship is terminated. If the rule were otherwise, no former agent could compete against a former principal.” 249 Ga. at 869.

Pope is inapposite, as here there was an existing agency relationship. Surely, an agent could do nothing more disloyal to his principal than what Cochran did to Koch — amounting to nothing less than usurpation of Koch’s sole supplier. Accordingly, the trial court should not have granted the Cochrans’ motion for summary judgment.

Judgment reversed.

All the Justices concur, except Clarke, J, who dissents. [*561] Sibley & Sibley, Jack N. Sibley, for appellant. Downey, Cleveland, Moore & Parker, John H. Moore, Y. Kevin Williams, for appellee.