Warnock v. Elliott

Court of Appeals of Georgia

Decided November 12, 1957

Court of Appeals of Georgia · decided 1957-11-12

Relies on Griffith v. Federal Land Bank of Columbia

Good law ✅— No negative treatment on recordhow we know

Decided 1957-11-12

How this case has been cited

Cited by 16 later decisions — most recently August 2009

8 federal appellate · 8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Motion for Rehearing.

¶2After studying the authorities cited by counsel for the defendants on motion for rehearing, we wish to state:

¶3(1) Agency can not be established by declarations of the agent alone. See Griffith v. Federal Land Bank of Columbia, 190 Ga. 578, 580 (10 S. E. 2d 71).

¶4(2) Agency can not be established by general reputation in the community as to such agency, but the conduct of the principal and agent may be used to rebut the denial of the existence of agency for the purpose of impeaching the testimony and contentions of the principal and agent as to the existence of the agency or the scope of the powers of the agent. The court, in the trial of the case, should instruct the jury to this effect.