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166 Ga. App. 889

Braselton v. Robinson

Court of Appeals of Georgia

Decided April 18, 1983

Court of Appeals of Georgia · decided 1983-04-18

Relies on Harris v. Underwood

Decided 1983-04-18

Carley, Judge,

¶1concurring specially.

¶2I agree with the judgment line. Although not articulated in the *890majority opinion, the applicable legal principle requiring affirmance must be that the evidence showed without contradiction that the principal ratified the acts of the agent. See Harris v. Underwood, 208 Ga. 247(4) (66 SE2d 332). Unlike Harris— involving a jury question as to whether ratification in fact occurred — there is no dispute in the instant case as to the existence, validity and authenticity of the written agreement which constitutes the ratification of the agent’s act and, therefore, summary judgment was proper.

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