Citation Numbers: 121 Ga. 814
Judges: Simmons
Filed Date: 1/28/1905
Status: Precedential
Modified Date: 1/12/2023
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.
Deal v. Dickson , 232 Ga. 885 ( 1974 )
Greene v. Golucke , 202 Ga. 494 ( 1947 )
Choate v. Carter , 98 Ga. App. 375 ( 1958 )
Stewart Bros. v. General Improvement Corp. , 143 Ga. App. 258 ( 1977 )
Smith v. Pope , 100 Ga. App. 369 ( 1959 )
Liberty Mutual Insurance Co. v. Lipscomb , 56 Ga. App. 15 ( 1937 )