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O.C.G.A. § 10-6-20 — Rights under agency for illegal purpose | Georgia Code
O.C.G.A. § 10-6-20 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 10 COMMERCE AND TRADE

Section 6. Agency, 10-6-1 through 10-6-142.

ARTICLE 2 RELATIONS BETWEEN PRINCIPAL AND AGENT

10-6-20. Rights under agency for illegal purpose.

No rights shall arise to either party out of an agency created for an illegal purpose.

(Orig. Code 1863, § 2169; Code 1868, § 2165; Code 1873, § 2191; Code 1882, § 2191; Civil Code 1895, § 3018; Civil Code 1910, § 3590; Code 1933, § 4-201.)

JUDICIAL DECISIONS

Scope of agent's power.

- There is conferred upon agent no greater power than that possessed by the principal. Tippins v. Cobb County Parking Auth., 213 Ga. 685, 100 S.E.2d 893 (1957).

There was no merit to a homeowner's argument that a restrictive covenant barring "For Sale" signs in a subdivision did not apply to the homeowner's real estate agent; under O.C.G.A. §§ 10-6-20 and10-6-25, an agent could do no more than a principal. Godley Park Homeowners Ass'n v. Bowen, 286 Ga. App. 21, 649 S.E.2d 308 (2007).

Principal may recover future money deposited with agent for speculation, as the action is not one to enforce an illegal contract, but to recover money in the hands of an agent belonging to the principal. Clark, Harrison & Co. v. Brown, 77 Ga. 606, 4 Am. St. R. 98 (1886).

Cited in Iteld v. Karp, 85 Ga. App. 835, 70 S.E.2d 378 (1952).

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agency, §§ 17, 55.

ALR.

- Right to recover against employee or his bond for money or property, the fruits of an employment involving a violation of law, 2 A.L.R. 906.

Right to recover money which the plaintiff placed in the hands of an agent, to be used for gambling purposes, 3 A.L.R. 1635.

Illegality of transaction or proposed transaction as affecting right of real estate broker to commission for promoting it, 85 A.L.R. 274.

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