118 Ga. 718 | Ga. | 1903
It appears from the record that James Finley as lessor, and W. E. Lenney as lessee, on January 1, 1901, executed a lease under seal of certain premises in the city of Atlanta, for a term to expire August 30, 1902, at a monthly rental of $15.60. The lease was signed by W. E. Lenney in his individual name, and contained no intimation that any one other than himself was in any way connected with the same or was to derive any benefit therefrom. Part of the leased premises was described as “ the reception room on the first floor, and on the second floor the operating rooms, which includes the skylight, dressing, dark, and printing rooms.” The lease contained the usual covenant by the lessee to pay the stipulated rent when due, and that in default thereof the lessor should have the right, at his option, to declare the lease void, cancel the same, and take possession of the premises; also that the lessee should have the right to make any improvements or additions that might be necessary to his business, without damage to the building, provided that all improvements, repairs, or changes, of whatsoever kind, should be at the expense of the lessee. During the term of the lease a photographic business, belonging solely to Mrs. Loiette Lenney, was conducted in the leased rooms, under the management of W. E. Lenney as her agent. The lessor
According to the decision in Baldwin v. Garrett, 111 Ga. 876, an agent to conduct a business may rent a house for his principal in which to conduct such business, and when the agent makes a contract of rental for his principal the latter will be bound, chough undisclosed. While authority to conduct a business gives the agent implied authority to rent for his principal, evidence of authority to conduct the business will not avail to show that the contract of rental was actually made for the principal, in the face of an express contract under seal executed by the agent in his own name and when he rented solely for himself. No one is liable on s. contract unless he is a party to it, either in fact or by implication -of law. Certainly an agent to conduct a business for his principal may, if he so desires, enter into a lease under seal and in his own name and for himself, for the renting of a house in which to conduct such business. Kiersted v. Orange & Alexandria R. Co., supra. In Maddox v. Wilson, 91 Ga. 39, a borrower of money executed a note under seal and gave certain personalty in pledge to secure its payment. The lender supposed the money advanced was for the use of the maker of the note, and that the property pledged belonged to him, when as a matter of fact the borrower was the general agent of his wife, and secured the money for use in his wife’s business, and she owned the property pledged. Previously to this transaction the wife had given a mortgage on the property in question to another person. <-The mortgage was foreclosed, and the property levied on under the mortgage fi. fa. The pledgee filed his claim, and upon the trial the property was found subject. Upon a review of the case by this court it was held that the claimant, after discovering that the borrower was the general agent of his wife in conducting the business, and that the money was for use in her business, might elect to treat her as the debtor in lieu of her husband, and might enforce the payment of the debt out of the property pledged; but it was also held that “the note, being under seal, would not bind her, no adequate authority to execute the instrument being shown.” The decision was by two judges only, and consequently is not binding as authority. Moreover, what is ruled as to the right of the pledgee to treat the wife as his debtor seems to be obiter, as the court distinctly held that, in
Judgment reversed.