54 Ga. App. 602 | Ga. Ct. App. | 1936
This was a suit by Nebraska Consolidated Mills Company against E. Lichtenstein Company, wholesale grocer, on an alleged contract by which the plaintiff contended it had sold the defendant, on open account, a car-load of flour, for which it had not been paid. The defendant denied the indebtedness, and
It seems to us that the defense set up was that the defendant elected to treat the property as the plaintiff’s, and to sell on the plaintiff’s account; that it sold the flour, acting for this purpose as the agent of the plaintiff vendor, and sought to fix the recovery of the plaintiff as the difference between the contract price and the price on resale. Therefore, before the plaintiff can be held chargeable for such difference, it must appear that it was notified of the defendant’s intention to sell at the plaintiff’s risk. Green v. Ansley, 92 Ga. 647, 649 (19 S. E. 53, 44 Am. St. R. 110). Requirements of good faith demand that in the principal’s interest it is the agent’s duty to make known to the principal all material facts which concern the transactions and subject-matter of his agency. 3 C. J. S. 8, § 138; Arthur v. Georgia Cotton Co., 22 Ga. App.
Judgment affirmed.