42 Ga. App. 408 | Ga. Ct. App. | 1930
This was a suit, in two counts against a contractor, to recover a sum of money alleged to be due the plaintiff on a written order to it, signed by the defendant as the agent of the owner of a building to be erected by the defendant, for certain material to be furnished and made a part of the building by the plaintiff. The petition alleged that the plaintiff complied with all the provisions of the order, furnished and installed the material, and that the building was completed and turned over to the owner, who paid the defendant what was due it under a written contract signed by the defendant and the owner. A copy of this contract was attached to the petition, and it appears therefrom that the defend
The two written contracts, construed together, clearly show that the defendant, in buying the material and labor from the plaintiff, was acting as the agent of the owner of the building, and that it (the defendant) was not liable under the first count of the petition. The second count, however, presents a different question. While this count might have been subject to special demurrer, it set out a cause of action against the defendant as agent of the owner of the building, and should not have been dismissed on general demurrer. This is true notwithstanding the fact that the plaintiff was not a party to the contract entered into by the defendant and
Judgment reversed.