77 Ga. 64 | Ga. | 1886
The main and only question in this case is, whether a. broker can bind his principal by a contract made against the express instructions and authority of the principal.
This court holds that he cannot bind his principal under the case put.
A broker is a special agent, and derives his power and authority to bind his principal from the instruction given to him by his principal. Code, §§‘2194,2196, 2184; Story on Agency, page 32; 1 Esp., 111, 113; 32 Md., 169; 60 111., 237. When definite instructions are given by the principal to the broker to sell goods for him at a certain specified price for a certain time and day only, this will not
The court below decided as we have here held, and the judgment is affirmed.