2020 Georgia Code
Title 10 - Commerce and Trade
Chapter 6 - Agency
Article 3 - Rights and Liabilities of Principal to Third Persons
§ 10-6-62. When Principal to Benefit From Agent's Contract; Defenses Against Undisclosed Principal
The principal shall have advantage of his agent's contracts in the same manner as he shall be bound by them, so far as they come within the scope of his agency. If, however, the agency shall have been concealed, the party dealing with him may set up any defense against the principal which he has against the agent.
(Orig. Code 1863, § 2182; Code 1868, § 2178; Code 1873, § 2204; Code 1882, § 2204; Civil Code 1895, § 3032; Civil Code 1910, § 3604; Code 1933, § 4-313.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Agency, §§ 290 et seq., 298 et seq.
C.J.S.- 2A C.J.S., Agency, § 489 et seq. 3 C.J.S., Agency, §§ 502 et seq.
ALR.
- Personal liability of servant or agent to third person for injuries caused by the performance or nonperformance of his duties to his employer, 20 A.L.R. 97; 99 A.L.R. 408; 96 A.L.R.2d 208.
Liability of undisclosed principal on sealed contract, 32 A.L.R. 162.
Right of defendant in action by undisclosed principal to avail himself of defenses or setoffs that would have been available in an action by the agent in his own right on the contract, 53 A.L.R. 414.
Concealment of fact that party to contract was acting for undisclosed principal as fraud which will toll statute of limitations, 114 A.L.R. 864.
Right to join agent and undisclosed principal in same action, 118 A.L.R. 701.
Exceptions to rule which permits suit by or against undisclosed principal, 130 A.L.R. 664.
Personal liability of auctioneer to owner or mortgagee for conversion, 96 A.L.R.2d 208.
Agency: Anti-assignment clause in contract as precluding enforcement by undisclosed principal, 75 A.L.R.3d 1184.
Rights to expirations as between insurer and insurance agent or broker, 88 A.L.R.3d 1142.
