38 Ga. App. 224 | Ga. Ct. App. | 1928
1. A married woman having a separate estate may engage her husband to act as her agent in the transaction of any business she may have, and, if she does so, his acts as such agent stand, as to her and the world, as do the acts of any other agent. Wells v. Smith, 54 Ga. 262. But even if he purports to act as her agent, persons dealing with him are bound to inquire as to his authority so to act. Mickleberry v. O’Neal, 98 Ga. 42, 51 (25 S. E. 933). The mere fact that a wife may have received the benefit of goods bought by her husband on his own credit would not, whether he was solvent or insolvent, make her. liable in law to the seller for the price of such goods. Hightower v. Walker, 97 Ga. 748 (25 S. E. 386). Thus, where the wife is the owner of a tract of land upon which a house is erected out of materials furnished solely on the credit of her husband, she is not rendered liable for the value of such materials, unless it be made to appear that she was the concealed principal of her husband, and that the husband was in fact acting as her agent when he purchased the materials. Blount v. Dugger, 115 Ga. 109 (4 S. E. 235).
2. Where an agent dealing with another person acts for and on behalf of his principal without disclosing his agency, and in his individual capacity contracts for the benefit of the concealed principal, the other
3. In accordance with the foregoing principles of law, the verdict in favor of the plaintiff was altogether unauthorized by the evidence.
Judgment reversed.