Citation Numbers: 1 Ga. L. Rep. 27
Judges: Vanderburgh
Filed Date: 7/24/1885
Status: Precedential
Modified Date: 9/8/2022
in delivering the opinion of the Court, said : The defendant, on September 9, 1881, specially authorized one Wheeler, as his agent, to sell the real property in controversy, and to execute a contract for the sale of the same. He in like manner on the same day empowered one Fairchild to sell the same land; the authority of the agent in each instance being limited to the particular transaction named. On the same day Wheeler effected a sale of the land, which was consummated by a conveyance. Subsequently, on September lUtb, Fairchild, as agent for the defendant, and having no notice of the previous sale made by Wheeler, also contracted to sell the same land to this plaintiff, who, upon the defendant’s refusal to perform on his part, brings this action for damages for breach of contract. This is a case of special agency
Order affirmed.— The Reporter.