Alderman v. Cargo Craft, Inc.
Alderman v. Cargo Craft, Inc.
Opinion of the Court
Jerry Alderman d/b/a Cargo Craft Distribution Services appeals from the denial of his motion for summary judgment and the grant of Cargo Craft, Inc.’s motion for summary judgment in this action alleging wrongful termination of a distributorship agreement. We affirm.
The relevant facts are undisputed. In 1990, Alderman became the exclusive distributor of vans manufactured by Cargo Craft and provided floor plan financing for the inventory. Ultimately, the relationship between Alderman and Cargo Craft’s president, Ashley Paulk, soured, and in 1999, Paulk terminated the arrangement. Paulk repaid Alderman $170,000, which, according to Paulk, represented “all the money that [Alderman] had in the floor plan units on the yard.” Alderman does not dispute this assertion.
“Generally, an agency is revocable at the will of the principal. ... If, however, the power is coupled with an interest in the agent himself, it is not revocable at will.”
Alternatively, Alderman argues that the agency was irrevocable because it was given for a valuable consideration, as held in Ray v. Hemphill.
Judgment affirmed.
OCGA § 10-6-33.
(Punctuation omitted.) Jones v. Destiny Indus., 226 Ga. App. 6, 8 (3) (485 SE2d 225) (1997), citing Wheeler v. Pan-American Petroleum Corp., 48 Ga. App. 378 (1) (172 SE 826) (1934); accord Loy’s Office Supplies v. Steelcase, Inc., 174 Ga. App. 701 (331 SE2d 75) (1985).
34 Ga. App. 625 (130 SE 691) (1925).
(Punctuation omitted.) Id. at 628.
Although Cargo Craft’s failure to pay interest on the $170,000 is referenced in the complaint, Alderman does not pray for the recovery of interest on funds advanced to Cargo Craft. Rather, Alderman seeks an injunction prohibiting Cargo Craft from distributing vans through any other entity and damages equal to commissions on vans sold subsequent to the termination of the agreement.
See, e.g., Willingham v. Rushing, 105 Ga. 72, 75 (31 SE 130) (1898) (factor’s power to sell property consigned to him is irrevocable to the extent of his lien for expenses and advances; power defeated when indebtedness discharged).
97 Ga. 563 (25 SE 485) (1895).
Id. at 566-567; see also Jones v. Destiny Indus., supra at 8-9.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.