Thompson v. Brown
Supreme Court of Georgia
Thompson v. Brown, 121 Ga. 814 (Ga. 1905)
49 S.E. 740; 1905 Ga. LEXIS 80
Simmons
Thompson v. Brown
Opinion of the Court
1. Where a wife makes a contract in her own name for the improvement of her husband’s house, the husband is not liable therefor when it does not appear that the wife was his authorized agent, or that he knew that the work was being done on his property, or that he adopted the contract as his own. Benjamin v. Benjamin, 15 Conn. 347, 39 Am. Dec. 384.
2. The wife having acted on her own behalf and not as the agent of her husband, he can not be held bound, as principal, by ratification, merely because he has paid for part of the work. Civil Code, § 2997 ; 1 A. & E. Enc. Law (2d ed.) 1188; Blount v. Dugger, 115 Ga. 109.
Judgment reversed.
Reference
- Cited By
- 17 cases
- Status
- Published