56 Ga. App. 492 | Ga. Ct. App. | 1937
In this case the claimants sought to prove that the deceased, Lamb, was the employee of the Gulf Refining Company, and not Horne, the distributor of its products, by various circumstances, to wit (1) it owned the distributing plant from which the deceased made deliveries; (2) the telephone of the distributor was in the name of the Gulf Refining Company; (3) the trucks in which deliveries were made had the name of the Gulf Refining Company on them; (4) the Gulf Refining Company fixed the price of the products sold; (5) the Gulf Refining Company extended the credit and billed the customers credited directly from the Atlanta office; (6) the Gulf Refining Company frequently had traveling representatives checking up Horne and dealers to whom Gulf products were sold, and these dealers were visited with or without Horne; (7) the Gulf Refining Company painted tanks of Horne’s customers; (8) Gulf Refining Company products alone were sold; (9) Gulf Refining Company taxes were paid through Horne by the company; (10) Horne did not turn in for taxes any property used in distributing the products of the Gulf Refining Company.
Horne was operating under a written contract, the provisions of which are substantially as follows: This agreement by and between the Gulf Refining Company, party of the first part, and O. W. Horne, party of the second part, witnesseth: Party of the first part agrees to furnish a warehouse suitable for the storage
This contract is presumed to contain all the agreements between the parties. Every single circumstance stated above is consistent
Judgment reversed.