60 Ga. App. 742 | Ga. Ct. App. | 1939
The Jacksonville Paper Company sued S. E. Owen, doing business as the Milledgeville Times, on open account. The account was for items sold to the Milledgeville Times from January 18, 1937, through June, 1937. Owen filed his answer denying the indebtedness, and setting up that previously to January 18, 1937, he personally instructed the agent of the plaintiff not to make any further sales of paper to the Milledgeville Times; that he further instructed the company, through its agent, to make no more sales of paper, supplies, or goods of any character; and that he instructed all of his agents, with knowledge of the company, not to make any more purchases, from the plaintiff. The evidence introduced by the plaintiff consisted of depositions of agents of the company, showing that from January 18, 1937, through June, 1937, there had been twenty-one shipments of paper and other arti
It is contended by the defendant that the court properly granted a nonsuit, because the authority of the agent of the Milledgeville Times was not shown. The authority of the agent of Owen was expressly denied by him in his answer. As we see it, whether or not the agent of Owen had express authority to buy the paper, if the paper and the other goods were ordered without authority, and they were used by the Milledgeville Times, and Owen got the benefit of them, since he put it into the power of the agent to mislead the plaintiff he would be liable for the cost thereof, because he would be estopped to deny the authority of his agent. Palmer Murphy Co. v. Fruit Haven Farm, 34 Ga. App. 153 (128 S. E. 693). The defendant could not permit the goods to be used for his benefit and defeat an action for the purchase-price by denying the authority of his agent to purchase them. Such permissive action is tantamount to the implied authorization of the purchases. The evidence is that the goods were delivered to a common carrier in each instance; and it has been held by this court that the delivery to the carrier is delivery to the consignee. Morgan v. J. B. Colt Co., 34 Ga. App. 630 (130 S. E. 600); Watkins v. Paine, 57 Ga. 50. If the goods were delivered to Owen, he can not retain them in his possession or use them for his benefit with
Judgment reversed.