GREENBERG v. J. C. BRADFORD & COMPANY

41551.

112 Ga. App. 746 (1965)

146 S.E.2d 119

GREENBERG v. J. C. BRADFORD & COMPANY.

Court of Appeals of Georgia.

Decided November 10, 1965.

Rehearing Denied November 29, 1965.


Attorney(s) appearing for the Case

G. Hughel Harrison, for plaintiff in error.

Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Thomas C. Shelton, G. Kimbrough Taylor, Jr., contra.


FELTON, Chief Judge.

1. The petition was subject to a general demurrer for the reason that it was not alleged in the petition that Thomas H. Stafford signed in the capacity as agent for the plaintiff and that he was authorized to so sign and so act. While this question was not raised by the parties in the argument before this court, the question is in the case and cannot be disregarded on the ground that parties did not argue it. However, upon the trial of the case...

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