Deal v. Dickson, 209 S.E.2d 214 (Ga. 1974). · Go Syfert
Deal v. Dickson, 209 S.E.2d 214 (Ga. 1974). Cases Citing This Book View Copy Cite
23 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: Faulkner v. Hood (gactapp, 2000-09-28)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 9 distinct citers.
discussed Cited as authority (rule) Faulkner v. Hood
Ga. Ct. App. · 2000 · confidence medium
The general rule is that “the authority of an agent to execute a contract or memorandum for the sale of real estate . . . must be evidenced by writing.” Deal v. Dickson, 232 Ga. 885, 886 (1) ( 209 SE2d 214 ) (1974); see also Turnipseed v. Jaje, 267 Ga. 320, 322 ( 477 SE2d 101 ) (1996).
discussed Cited as authority (rule) Lee v. Green Land Co., Inc. (2×)
Ga. Ct. App. · 2000 · confidence medium
Co. v. Eidson, 138 Ga. 592, 596 (4) ( 75 SE 657 ) (1912) (“Where the company reserved to itself the question of satisfaction, it would be changing the contract to hold that what would satisfy a reasonable man would answer the terms of the [contract].”). 13 Stribling v. Ailion, 223 Ga. 662, 664 (2) ( 157 SE2d 427 ) (1967). 14 Turnipseed v. Jaje, 267 Ga. 320, 322 (1) ( 477 SE2d 101 ) (1996). 15 Deal v. Dickson, 232 Ga. 885, 886 (1) (209 SE2d 214) (1974). 16 McCalla v. American Freehold &c.
discussed Cited as authority (rule) Rubin v. Mikart, Inc.
Ga. Ct. App. · 1983 · confidence medium
Render v. Jones Mercantile Co., 33 Ga. App. 394 (1) ( 126 SE 159 ) (1924). “ ‘ “The *427 doctrine of ratification is not applicable against a person as to an act of one who did not assume to act in his name or under authority from him.” [Cits.]’ ” Deal v. Dickson, 232 Ga. 885, 886 (3) ( 209 SE2d 214 ) (1974).
discussed Cited as authority (rule) Citizens & Southern Realty Investors v. Lg Balfour Company
Ga. Ct. App. · 1980 · confidence medium
"The doctrine of ratification is not applicable against a person as to an act of one who did not assume to act in his name or under authority from him.” Swicord v. Waxelbaum, 23 Ga. App. 297 ( 97 SE 891 ) (1919); Deal v. Dickson, 232 Ga. 885, 886 ( 209 SE2d 214 ) (1974). 2.
cited Cited as authority (rule) Garden of Eden, Inc. v. Eastern Savings Bank
Ga. · 1979 · confidence medium
Code § 4-105; Deal v. Dickson, 232 Ga. 885, 886 ( 209 SE2d 214 ) (1974).
discussed Cited "see" Brock v. Yale Mortgage Corp. (2×)
Ga. · 2010 · signal: see · confidence high
See Deal v. Dickson, 232 Ga. 885 (3) ( 209 SE2d 214 ) (1974).
discussed Cited "see" East Piedmont 120 Associates, L. P. v. Sheppard (2×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See Deal v. Dickson, 232 Ga. 885 (1) ( 209 SE2d 214 ) (1974).
discussed Cited "see, e.g." Chastain v. Schomburg (2×)
Ga. · 1988 · signal: see also · confidence low
Cf. Deal v. Dickson, 231 Ga. 366 ( 202 SE2d 41 ) (1973); see also Deal v. Dickson, 232 Ga. 885 ( 209 SE2d 214 ) (1974).
discussed Cited "see, e.g." Shivers v. Barton & Ludwig, Inc. (2×)
Ga. Ct. App. · 1982 · signal: see also · confidence medium
See also Deal v. Dickson, 232 Ga. 885, 886 (3) ( 209 SE2d 214 ) (1974).
DEAL
v.
DICKSON Et Al.
29184.
Supreme Court of Georgia.
Oct 1, 1974.
209 S.E.2d 214
Webb, Parker, Young & Ferguson, Paul Webb, Jr., David E. Betts, for appellant., McClure, Ramsay & Struble, John A. Dickerson, for appellees.
Nichols.
Cited by 11 opinions  |  Published
Nichols, Presiding Justice.

Roy L. Deal, as seller, entered into a contract for the sale of described acreage located in Stephens County, Georgia with Jack Dickson as the purchaser. In Deal v. Dickson, 231 Ga. 366 (202 SE2d 41), a majority of this court upheld the grant of a summary judgment to Dickson in an action seeking specific performance for the sale of Deal’s one-half undivided interest in such acreage. Both defendants filed motions for summary judgment in the present case. Roy Deal’s motion was granted and no appeal taken. Estelle Deal’s motion was denied, the same was certified for immediate review, and the present appeal filed.

The contract of sale in this case was entered into by Roy Deal as seller in his own name and not as agent of his wife. His contract was binding upon him, as to his one-half interest in such property, and has been specifically performed as a result of the prior litigation between the plaintiff here and Roy Deal. See Deal v. [*886] Dickson, supra.

1. "The majority opinion in Brandon v. Pritchett, 126 Ga. 286 (55 SE 241, 7 AC 1093), relied upon by the appellee to support his contention that written authority is not necessary to enter into a contract required by the statute of frauds to be in writing is not authority for his position, for such ruling was expressly disapproved by this court in the full bench opinion in Byrd v. Piha, 165 Ga. 397, 402 (141 SE 48), where it was held in dealing with now Code § 4-105 'We are of the opinion that the proper construction of this section is that agencies for the execution of agreements which are required to be made by principals to be in writing, must be created by written authority. Otherwise, the purpose of the statute of frauds, which is to prevent frauds and perjuries, would be virtually done away with. So we are of the opinion that under this section the authority of an agent to execute a contract or memorandum for the sale of real estate or for the lease thereof for a period longer than one year, must be evidenced by writing. Under this section it is just as important that the authority of an agent shall be in writing as that the contract which he makes shall be in writing.’ ” Jones v. Sheppard, 231 Ga. 223, 225 (200 SE2d 877).

2. The plaintiff in this case did not go into possession and make improvements as was done in Watson v. Brightwell, 60 Ga. 212, nor did the appellant accept any benefit as a result of the contract which was not signed by her (or for that matter, even executed in her name) as was the case in Ferguson v. Carter, 208 Ga. 143 (65 SE2d 600).

3. " 'The doctrine of ratification is not applicable against a person as to an act of one who did not assume to act in his name or under authority from him.’ Swicord v. Waxelbaum, 23 Ga. App. 297 (98 SE 891). See also Roberts v. Bank of Eufaula, 20 Ga. App. 221, 225 (92 SE 1015); Render v. Jones Mercantile Co., 33 Ga. App. 394 (1) (126 SE 159); Federal Deposit Ins. Corp. v. Thompson, 54 Ga. App. 611 (2b) (188 SE 737); Florida Midland &c. R. Co. v. Varnedoe, 81 Ga. 175 (7) (7 SE 129); Thompson v. Brown, 121 Ga. 814 (49 SE 740).” Greene v. Golucke, 202 Ga. 494 (2) (43 SE2d 497).

[*887] Argued September 10, 1974 Decided October 1, 1974. Webb, Parker, Young & Ferguson, Paul Webb, Jr., David E. Betts, for appellant. McClure, Ramsay & Struble, John A. Dickerson, for appellees.

Accordingly, the doctrine of ratification has no application to the present case where the contract was in the name of the defendant’s husband only, he being the owner of one-half undivided interest in such property, and was not an attempt on his part to enter into a contract for his wife.

There being no basis upon which the plaintiff could recover from Estelle Deal in this case, the judgment of the trial court overruling her motion for summary judgment must be reversed.

Judgment reversed.

All the Justices concur.