OBERDORFER v. SMITH

38392.

102 Ga. App. 336 (1960)

116 S.E.2d 308

OBERDORFER v. SMITH.

Court of Appeals of Georgia.

Decided September 8, 1960.


Attorney(s) appearing for the Case

Smith, Kilpatrick, Cody, Rogers & McClatchey, Welborn B. Cody, Robert G. Hunt, for plaintiff in error.

Joseph B. Kilbride, J. Donnaly Smith, contra.


BELL, Judge.

The sole question to be decided in this case is whether the trustee can be held liable individually on the contract which he has negotiated on behalf of the trust estate, where the contract was for the benefit of the estate. There is no doubt that the common-law rule, except as modified by statute or decision in a few states, makes the trustee in such a transaction personally liable in contract or in tort. Thus, "it is immaterial that the contract was...

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