2020 Georgia Code
Title 10 - Commerce and Trade
Chapter 6 - Agency
Article 4 - Rights and Liabilities of Agent as to Third Persons
§ 10-6-89. Contract for Nonexisting Principal Void; Right of Action Against Purported Agent
The contract of any person or corporation who purports as agent of a nonexisting principal to bind such nonexisting principal only shall be void. Any other party to such contract who is misled thereby to his injury shall have a right of action for damages against such purported agent individually.
(Code 1933, § 4-410, enacted by Ga. L. 1955, p. 346, § 1.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Agency, § 277.
C.J.S.- 2A C.J.S., Agency, § 397.
ALR.
- Liability on the contract of one who without authority assumes to contract for another, 42 A.L.R. 1310; 60 A.L.R. 1348.
Personal liability of one who assumes to contract as agent for a principal who is fictitious or nonexistent, 126 A.L.R. 114.
ARTICLE 5 AGENTS RECEIVING MONEYS FOR THIRD PERSONS
Cross references.
- Duties and liabilities of banks and trust companies receiving money for transmission, § 7-1-354.
RESEARCH REFERENCES
ALR.
- Check on bank as payment of debts held by bank for collection, 18 A.L.R. 537; 65 A.L.R. 1151.
Liability of principal for amount of fraudulent excess collection by agent, 46 A.L.R. 1212.
