SHERWIN-WILLIAMS COMPANY v. ST. PAULMERCURY INDEMNITY COMPANY

37038.

97 Ga. App. 298 (1958)

102 S.E.2d 919

SHERWIN-WILLIAMS COMPANY v. ST. PAULMERCURY INDEMNITY COMPANY.

Court of Appeals of Georgia.

Rehearing Denied March 7, 1958.


Attorney(s) appearing for the Case

Cumming, Nixon, Eve, Waller & Capers, for plaintiff in error.

Oliver, Davis & Maner, Fulcher, Fulcher, Hagler & Harper, William C. Reed, contra.


QUILLIAN, Judge.

1. The petition which seeks to charge the defendant with liability for the act of an agent is fatally defective because it contains no allegation that the servant was acting within the scope of his employment or in the prosecution of his employer's business, and did not show that the nature of the agent's service was such that his authority to perform the act on behalf of his principal could be legitimately inferred. Code § 105-108; Laughlin...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases