O.C.G.A.

O.C.G.A. § 10-6-84 (2019)

Enforcement of contract after authority exceeded

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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When the agent shall exceed his authority so that the principal is not bound, the agent may not enforce the contract in his own name against the person with whom he deals unless the contract shall have been fully executed upon the part of the agent or the credit was originally given to the agent.

History

Orig. Code 1863, § 2192; Code 1868, § 2188; Code 1873, § 2214; Code 1882,

§ 2214; Civil Code 1895, § 3042; Civil Code 1910, § 3614; Code 1933, § 4-408.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 3 Am. Jur. 2d, Agency, § 71 et seq. C.J.S. 2A C.J.S., Agency, § 174 et seq. ALR. Personal liability of servant or agent to third person for injuries caused by the performance or nonperformance of his duties to his employer, 20 A.L.R. 97; 99 A.L.R. 408; 96 A.L.R.2d 208. Duty of principal to discover and notify third persons of wrongful disposal of prop-

erty by agent not assuming to act for principal, 35 A.L.R. 325. Liability on the contract of one who without authority assumes to contract for another, 42 A.L.R. 1310; 60 A.L.R. 1348. Sole actor doctrine where officer or agent of corporation acting adversely to it is its sole representative in the transaction, 111 A.L.R. 665. Personal liability of auctioneer to owner or mortgagee for conversion, 96 A.L.R.2d 208.

Notes of Decisions

Cited in 1 case, 1984–1984 · leading case: Oglethorpe Realty Co., Inc. v. Hazzard, 321 S.E.2d 820 (Ga. Ct. App. 1984).

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Oglethorpe Realty Co., Inc. v. Hazzard, 321 S.E.2d 820 (Ga. Ct. App. 1984). · cites it 2× “See OCGA §§ 10-6-84, 10-6-85. In the absence of the complete record and transcript, we must assume that there was sufficient evidence to support the jury verdict against appellant.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.