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YALE & TOWNE, INC. v. SHARPE

43719.

118 Ga. App. 480 (1968)

164 S.E.2d 318

YALE & TOWNE, INC. v. SHARPE et al.

Court of Appeals of Georgia.

Decided September 3, 1968.

Rehearing Denied October 9, 1968.

Attorney(s) appearing for the Case

Peek, Whaley, Blackburn & Haldi, J. Corbett Peek, Jr., Glenville Haldi, Gambrell, Russell, Moye & Killorin, Charles A. Moye, for appellant.

Westmoreland, Hall & O'Brien, Harry P. Hall, Jr., Donald E. O'Brien, P. Joseph McGee, Neely, Freeman & Hawkins, Joe C. Freeman, Jr., for appellees.

DEEN, Judge.

1. Was the court in error in instructing the jury that Ogden was the agent of Yale & Towne under the evidence in this case? The "dealer selling agreement" specifies that Ogden is an independent contractor with a franchise to sell the manufacturer's equipment, but there are nevertheless many attributes of agency embodied in the contract, which, however, is not controlling here. The contract reserves to Yale & Towne the right to sell direct...

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